In Texas, 784 toddlers between the ages of 1 and 4 years old experienced serious injuries while in the care of a daycare center in 2022, according to a March 2023 report on licensed daycare child safety. These serious injuries include brain injuries, which are among the most concerning injuries that can occur at local childcare facilities because of their long-term health impacts and high risk of disabilities or even fatal outcomes.
In this article, our Texas daycare injury lawyers at The Button Law Firm provide an overview of the legal options parents may have if their toddler experienced a brain injury because a daycare center did not follow childcare safety laws.
How Will Filing a Lawsuit Make Things Right After My Toddler Suffers a Brain Injury at a Local Daycare Center?
When a child suffers a brain injury at a daycare center in Texas, parents can file a lawsuit to hold the daycare and relevant caregivers accountable for failing to follow safety practices that would have prevented the brain injury. This is also an opportunity to get answers to any questions about the incident if the daycare center was evasive following your child’s injuries. Lastly, taking legal action may help protect other children at the daycare center from getting hurt in the future.
What Is My Family Entitled to By Filing a Lawsuit Against a Daycare Center?
By filing a lawsuit to hold a daycare center in Texas accountable for your toddler’s brain injury, parents may be able to seek compensation, also known as damages.
A family may be compensated for the following damages in a daycare brain injury case:
- Emotional distress
- Medical expenses, including a child’s ongoing or future medical treatments and therapy
- Pain and suffering
Here is an article with a deeper explanation of noneconomic and economic damages that you may be entitled to in your toddler’s brain injury case.
Can I Still File a Lawsuit Against a Texas Daycare Center If My Toddler Passed Away Because of a Brain Injury Sustained While in the Care of the Facility?
First, we are so sorry for your loss. We cannot fathom what you are experiencing right now. The answer is yes, you can file a wrongful death of a child lawsuit against the daycare center. These lawsuits are meant for instances when a child, like your toddler, passes away from a preventable injury, such as a brain injury, while in the care of a childcare facility.
Our compassionate and experienced daycare injury lawyers will fight for your family to hold the daycare center and responsible caregivers accountable to get justice for your child’s brain injury and untimely death. While it won’t bring your child back, a daycare wrongful death case can help your family move forward and potentially protect other children from experiencing the same fate.
What Does the Process of Filing a Daycare Brain Injury Lawsuit Look Like?
The first step of filing a lawsuit is gathering as much information about the incident and daycare center’s history of failing to comply with state laws and safety guidelines, known as the minimum standards. Calling the Department of Family and Protective Services to report the incident leads to an investigation conducted by the state of Texas. Meanwhile, parents can ask the daycare center for an incident report and any security footage that may have caught the incident that led to the toddler’s brain injury.
In most cases, a daycare brain injury lawsuit is considered a civil case. However, in the instance that a caregiver purposely hurt your child and caused the brain injury, there could be criminal components to a case as well.
Learn more about the process of filing a daycare injury lawsuit in this video.
Is There a Time Limit to File a Lawsuit for My Toddler’s Brain Injury Sustained at a Daycare Center?
In Texas, the time limit, or statute of limitations, to file a lawsuit against a daycare center is two years from the date of the incident that caused your toddler’s brain injury. Our legal team recommends filing sooner than later after the incident because it helps with identifying and gathering evidence from various sources like other caregivers at the facility while memories of the incident are still fresh. This can help you hold the daycare center accountable for the negligence that caused your child’s life-changing injury.
How Much Will It Cost to File a Daycare Lawsuit to Get Justice for My Toddler’s Brain Injury?
You will not pay our firm anything out of pocket. Our daycare injury lawyers work on contingency, meaning we don’t charge you or collect any upfront fees to speak with you or work on your family’s brain injury case. For a free consultation, call us at 214-699-4409, email us at [email protected], or fill out a contact form.
Lawsuit FAQs Following a Toddler’s Brain Injury Caused by Daycare Negligence
We understand that the aftermath of your toddler’s brain injury can feel overwhelming, especially when you are exploring your legal options. We have answered frequently asked questions that our team receives from other parents about filing a daycare lawsuit on this page.
Want to know more about taking legal action or your parental rights following your toddler’s brain injury at a daycare center? Call us at 214-699-4409 or email us at [email protected]. Our experienced Texas daycare injury lawyers will listen and determine the best way to help you and your family move forward.
Let The Button Law Firm Help Your Family After a Toddler Suffers a Brain Injury at a Local Daycare Center
Our knowledgeable and compassionate daycare injury attorneys at The Button Law Firm are dedicated to holding negligent daycare centers accountable when a toddler suffers a brain injury in their care. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our team at The Button Law Firm is recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free consultation.