What Parents Need to Know About Daycare Legal Cases
Witnessing the aftermath of what your child goes through after a serious daycare injury can be gutwrenching. And when you want to pursue legal action against the daycare that harmed your child, it can be difficult to know what to do next. Learn more about what rights parents of children who were injured have when making a legal claim against a daycare.
Who Has a Claim in a Daycare Negligence Case in Texas?
Parents are the legal guardians of their children until their child becomes a legal adult, which is 18 in the United States. This means that any claims made while the child is under 18 must be brought by the parent on behalf of their child. After a daycare injury, parents need to know their rights as well as what is involved in a potential daycare injury claim in Texas. Parents often wonder whose claim is being made in a lawsuit against a daycare. Typically, in a daycare care negligence lawsuit, there are two claims that can be made, a parents’ claim and a child's claim.
What Is a Parent's Claim in a Daycare Negligence Case?
The first - a parent's claim - covers medical expenses up until the time the lawsuit gets resolved, as well as any of the medical bills that will be incurred between the time the lawsuit is done and the time that child reaches eighteen. This can go beyond that, though, if the child's injury leads to a more permanent disability. The medical bills fall under the parent's claim because as a parent it's your financial responsibility. Parents also have a potential lost wage and loss of earning capacity claim depending on the impact of what happened to their child that may require help from family members to care for them.
What Is a Child’s Claim in a Daycare Negligence Case?
The majority of the claims are for the child, the parents will be the representatives or guardians of the child. The claim will involve more of a personal injury aspect, such as the non-economic damages, which are the pain and suffering a child has to go through as well as the mental anguish a child has sustained or will sustain in the future from such a traumatic event. We know that memories cannot be erased and will last forever.
We also factor in physical impairment, which means what the child will have difficulty doing throughout childhood or even in adulthood. These impairments will impact any activities, passions, or abilities they ever did in the past or would have wanted to do in the future.
These claims may also include:
Depending on the age and some external factors, any earning capacity claim can be considered an economic damages claim. That would kick in beyond the child's age of 18.
What Happens in the Event of A Child's Death While at Daycare?
The death of a child is tragic, and it hurts all affected to the core. We hate to see cases of this magnitude and always seek the absolute maximum compensation from the parties involved. The parents of the victim would have a wrongful death claim at this point and must seek a lawyer to help with the case.
Parents no longer have the luxury of holding their child and watching them grow up into the young adults that they would have become. This is heartbreaking, life-changing, and will forever be a sore place in the hearts of the parents. Cases against negligent daycares have to factor in a few different considerations that are more tailored toward the parents, including what they've lost - somthing that is priceless. The elements for that claim are unique to each child and each family. Our compassionate legal team has helped families who have been in this situation get justice after a tragic incident at daycare has occurred - and we will continue to work hard to continue helping parents get justice.
What Can The Button Law Firm Do to Help With Your Daycare Negligence and Abuse Case?
You may not need a lawyer at this time, and that's okay. Our goal is to point you in the right direction to use as a reference. However, if your child was seriously injured or killed while at a daycare facility, you may have other questions or concerns, be sure to 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. You can also fill out the Contact Us page on our website. We want to help you keep moving forward.