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unattended child in a park or playground in Texas8 Commonly Asked Questions About Daycare Injuries 

The last thing any parent wants to hear is that their child was injured at daycare. Parents who send their kids to daycare work hard to provide for their families. The hardest thing for any parent to do is trust someone else with their kids. 

When children are injured at daycare, parents are suddenly forced to deal with a lot of stress and decisions that impact their families. Such as:

At our firm, we advocate for transparency, firmly believing that parents deserve to be well-informed. That's why our dedicated Dallas daycare injury attorney crafted this comprehensive article, aiming to empower families with essential knowledge following their child's unfortunate daycare injury in Texas. Drawing from our experience, our Texas daycare injuries lawyer has addressed common questions parents had below, offering clarity and guidance during this challenging time.

What Steps Should I Take When My Child Was Injured at Daycare? 

  1. The first step you will always want to take is to seek medical attention. You can learn more about it by reading below. 
  2. Next, you will want to ask the daycare facility for an incident report.
  3. You’ll want to investigate the daycare facility, take pictures, and get as much information as possible from reviews and other members of that facility. 
  4. If the daycare facility has not already done so, you’ll also want to report the injury to the Department of Family Protective Services so that the State can conduct its own investigation.
  5. You’ll want to read as much free information as you can, which we are happy to provide. We have a free consumer guide that will guide you in more detail through all of these steps. Check it out: A Five-Step Guide For Parents Dealing With A Daycare Injury. We will even mail it to your home free of charge. 

Why Is It Important to Have an Incident Report After a Daycare Injury?

Daycare centers are required to notify the State of Texas, as well as parents, of all reported incidents and injuries that happened to children while at daycare. Every daycare facility must establish a protocol for generating incident reports for all injuries, regardless of their severity. It's widely recognized that even minor incidents can have cumulative effects over time.

If teachers and daycare providers are not held accountable for all safety violations that could have harmed a child, then it’s going to continue to happen and will likely lead to a very serious injury to another child down the line. 

It's crucial for parents to insist on an incident report whenever they receive notification of their child's involvement in an incident or injury at daycare. If the daycare hesitates or refuses to document the incident, it's essential to review "Lessons Learned About Making Incident Reports." Unfortunately, there have been instances where daycares have attempted to conceal or distort the truth regarding a child's injury. Therefore, it's imperative to request the preservation of all evidence, including videos and photos, to ensure transparency and accountability.

Why Does the State of Texas Get Involved With Daycare Injuries?

Following notification of your child's injury at daycare, one of the initial contacts you'll receive is from an investigator affiliated with the Texas Department of Family Protective Services (DFPS). This standard procedure in Texas is designed to ensure all daycare injuries are thoroughly investigated and documented. The investigator will collaborate with your family to arrange a visit, meeting with you and your child. Additionally, they will schedule an appointment to visit the daycare facility to interview witnesses, review any available security footage, and conduct a comprehensive inspection of the premises. There's no need for alarm; your cooperation during this process is essential as we prioritize the safety and well-being of all children.

Don't be alarmed if the DFPS Shows up at your house; they are there to help you with the investigation. Read more about it by following the link provided: 

Why Is The Department of Family and Protective Services Showing Up At Your House?

child in a hospital roomThe Importance of Getting Medical Treatment After Finding Out About the Injury at Daycare

Because young children in daycare may not be able to communicate clearly about what happened to them, it's important to take them to a hospital or urgent care center for a check-up to look for any serious injuries. Some injuries, like traumatic brain injury (TBI), internal organ damage, or broken bones, might not be obvious just by looking at your child.

Afterward, it's a good idea to follow up with your child's pediatrician. They can assess your child's condition and decide if further treatment is needed. If necessary, they can also refer you to specialists. This way, you can ensure your child gets the right care for their injury.

Who Will Pay for My Child’s Daycare Injury Medical Bills After a Daycare Injury?

If the injury that your child suffered at daycare resulted in medical treatment, you’re probably getting bills in the mail. That can be an overwhelming feeling. The best way to handle medical bills is to submit them to your health insurance. Until the case is resolved, the daycare and their insurance company will not pay the medical bills as your child receives treatment.

In order to keep the bills from going into collections and affecting your credit score, you should use your health insurance to get the bills paid. In the event that the daycare is held responsible through a lawsuit, one of the claims is for reimbursement of all medical expenses paid or still owed to date. This would include any out-of-pocket expenses and co-pays that you may have while your child is being treated. 

Should I Take My Child Out of the Daycare or Keep Them There After an Injury? 

We believe that each parent should make the best decision for their child as well as their family. This applies to the decision of whether to leave your child in the same daycare after they were injured as a result of the daycare's negligence. Some parents may opt to continue with daycare arrangements, which is entirely acceptable. Conversely, other parents may feel it necessary to evaluate various factors before making a decision.

Check out our article, "5 Important Steps Parents Should Take After Your Child Was Injured at Daycare" to help with your decision. Ultimately, the crucial aspect is ensuring that the daycare understands how such incidents could have been prevented and takes appropriate steps to rectify the situation for the affected family. This proactive approach ensures that similar occurrences are prevented, safeguarding the well-being of all children under their care.

If you decide that taking your child out of the daycare is best, check out our free guide, 10 Tips For Parents Searching For a Safe Daycare, for guidance. 

What Are My Rights as a Parent Dealing With a Daycare Injury? 

If your child was injured while at daycare and it could have been prevented, you have the right to seek recovery for what was taken from your child (in the form of their injury and quality of life) and from your family.  If your child’s injury is serious, it may require extensive medical treatment in the future and a huge time commitment from family members to care for the child.

If you decide to move your child to another daycare due to safety concerns, it's important to consider the additional expenses involved. Seeking reimbursement for these costs is reasonable, as they arise from the daycare's failure to uphold their commitment to keeping your child safe. Given that daycare facilities are required to have insurance coverage, it's unfair for families to be left shouldering the financial consequences of the daycare's negligence.

What Is a Daycare Negligence Lawsuit?

Filing a lawsuit against a daycare facility in Texas serves two critical purposes. Firstly, it aims to ensure that such misconduct is not repeated, thus safeguarding children from similar injuries inflicted by teachers or staff within the facility. Holding the daycare accountable for a child's injuries is essential in preventing the recurrence of such mistakes.

For a daycare negligence lawsuit, it's imperative to establish that the daycare either acted negligently or breached daycare safety regulations. Had these safety measures been adhered to, it's reasonable to assume that the child's injury could have been prevented. This entails demonstrating that the injury resulted from the daycare's failure to fulfill its duties as an employer or its violation of safety protocols.

In essence, pursuing legal action against the daycare hinges on proving that the injury could have been averted if caregivers and directors had exercised greater vigilance or complied with safety regulations.

Check out our article, which discusses in more detail What Your Rights Are As A Parent Dealing With A Daycare Negligence Lawsuit.

Contact The Button Law Firm If Your Child Was Injured Due to Negligence at Daycare

If your child has been put in serious danger at a daycare facility due to negligence, taking immediate action is crucial to protect their safety and well-being. Contact The Button Law Firm today to discuss your legal options. Our experienced team is dedicated to advocating for families like yours who have been affected by daycare negligence.

Don't hesitate to reach out to us for a free case evaluation to learn how we can help you seek justice and recovery for the harm your child has endured. You can contact us 24/7 by calling (214)699-4409, emailing [email protected], or filling out our contact form. You can also reach our team by starting a chat on our website.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.