Until a child is eighteen (18), the parents are responsible for all medical expenses related to their child. Most parents have health insurance that covers their children. Parents often ask us, “What happens if my child was injured as a result of the daycare’s negligence?” Our Midland daycare injury lawyer has answered some of the most frequently asked questions by parents.
1. Do I Have to Pay for My Child’s Medical Expenses When They Got Hurt at Daycare?
Yes, the parent will still have to pay for all of the medical treatment of their child, even if the accident happened while the child was at daycare. Every certified daycare center should have liability insurance, and if the injury was caused due to negligence, there is a chance for the daycare center to be held accountable for the medical bills.
2. Should I Submit the Medical Bills to Our Health Insurance Even if My Child Got Hurt at Daycare?
The best advice we can give parents is to put those medical bills on their health insurance. Otherwise, those bills will go to collections and ruin your credit score. Your health insurance carrier is going to ask for you to pay them back but it’s not what you think.
3. Can Parents be Compensated for Missing Work and Lost Wages as a Result of Taking Care of Their Child That was Injured at a Texas Daycare?
The daycare center will not be financially responsible for the medical payments until they accept the responsibility for your child’s injury. Therefore, we suggest you keep every medical receipt, as well as lost wages. By lost wages, we mean any time you weren’t able to go to work to take your child to a doctor’s visit or had to stay home to care for the injury. Make sure to inform your employer that the reason you are missing work is to take care of your child after they were hurt at a Dallas daycare.
4. What Does It Mean When I Get a Letter From My Health Insurance That Says They Have a Right To Reimbursement For The Medical Expenses They Paid For My Child’s Injury?
Your health insurance company has a right to reimbursement when the injuries were the result of the negligence of someone else. If the daycare’s negligence resulted in the injury to your child, you can make a claim for your child’s medical bills to be paid for. Whether a lawyer is involved or not, your health insurance company will want to be reimbursed if the daycare’s insurance company paid a settlement to you.
Before resolving any daycare injury case, you will need to send a letter to your health insurance company requesting an itemized statement showing all treatment related to your child’s specific injury at daycare. Then, you will need to make sure that the charges included in what your health insurance company wants to be reimbursed for only include related medical treatment. If the itemized statement includes unrelated charges, you will need to contest those charges by telling your health insurance company that they are not related to the injury that your child received at daycare.
Once a final number is reached of all related charges, you will know the full amount that your health insurance has a right of reimbursement for. One advantage of hiring a daycare injury law firm, like us, is the fact that we handle all communications with our client’s health insurance company. Many times, we are able to reduce the amount of money parents have to reimburse their own health company for after their child was injured at daycare.
5. What Happens if My Child Needs Long-Term Future Treatment Due to the Daycare’s Negligence?
Although children are resilient, we have seen several cases where children have injuries that will last for years and some a lifetime. In cases where the child will need medical treatment long after a case, the family should seek the advice of a daycare abuse and negligence lawyer.
One reason a family of a seriously injured child will need a lawyer is to make sure that all avenues for potential insurance claims against the daycare are known. Unfortunately, we have seen daycare centers try to cover up the facts about what happened to the child, but also attempt to hide all available insurance policies. When a child is seriously injured or killed, the family deserves to know their rights when it comes to an insurance claim against the daycare that caused their child’s injury or death.
Another reason the family of a seriously injured child would want an attorney is to make sure that all necessary experts and specialists are interviewed or retained to ensure that the full amount of potential medical expenses, as well as loss of earning capacity that the child could have, will be included in any claim. For example, we use lifecare planners that are experts in putting together a comprehensive report of all of the medical treatment that an injured child may need. These experts consult with the treating physicians, meet with the family, and perform an evaluation of the injured child. In the end, we always make sure that all potential needs of an injured child are accounted for in any daycare injury case.
Consistent Medical Treatment Is Important for Injured Children in Texas
We suggest you take your child to the hospital to rule out any serious injuries that you are not aware of or may not be able to see. Once released from the hospital, we also recommend you follow up with your pediatrician. Emergency rooms will make sure your child doesn't have any life-threatening injuries but not all serious injuries are life-threatening. Also, pediatricians can refer your child to a specialist if necessary. Check out our article on the importance of getting medical treatment for your child.
What Can The Button Law Firm Do to Help?
You may not need a lawyer at this time, but it will be useful to speak to one in order to guide you on the best decision for your family. Our goal is to point you in the right direction to use as a reference. However, if your child was seriously injured while at a daycare facility, you may have other questions or concerns. Just give us a call at 214-699-4409 if you’re ready to speak with us. You may just need someone to talk to, or someone to listen, and if that’s you, be sure to reach out. If you want to text or chat with us, you can do so by clicking on the live chat icon on your page. You can also fill out the Contact Us page on our website. Feel free to check out all of our articles on daycare injuries. As we stated, we are here to inform others in hopes to help them make the best decision.