Swingset on daycare playgroundIf you are reading this article, your child was most likely hurt while in the care of a Texas daycare center. We understand the anger and frustration that arises upon learning about a child’s injury they sustained at a childcare facility. Once your child receives medical care, you may be looking to get answers from the negligent facility. One way to hold the daycare accountable for safety violations that could have prevented your child’s injury is to take legal action.

Unfortunately, daycare injuries are quite common, and you are not alone. In fact, there were 32,726 active civil cases in Texas alleging injuries through the end of August 2023, including children’s daycare injuries, according to the most recent Texas Civil Case Activity report.

When looking for legal help, you have probably heard the commercials where law firms state: “You may be eligible for compensation.” But what does that mean exactly? When filing a daycare injury claim or lawsuit, damages are awarded to compensate the family of the child for physical, emotional, or psychological trauma caused by an incident at the center.

In this article, our knowledgeable and experienced Texas daycare injury lawyers help you navigate a daycare injury lawsuit by explaining damages in more detail.

Explaining Damages in a Daycare Lawsuit

There are two types of damages: economic and noneconomic damages.

In a daycare injury case, economic damages compensate parents financially for expenses incurred because of a child’s injury. (Think of these damages as ones that you can prove with receipts.) Common economic damages awarded in a daycare injury case include:

  • Medical bills for current, ongoing, and future treatments to help your child heal from their injuries sustained at the daycare center
  • Resources such as play therapy sessions to help a child process a traumatic daycare incident in a healthy way
  • Additional child care costs such as a babysitter or nanny after removing a child from a daycare center following an injury 

While economic damages are for a finite amount of expenses, noneconomic damages are considered unquantifiable compensation for injuries sustained by a child at a daycare center. Thus, it is up to the court to allocate a dollar amount for these damages. Some examples of these injuries are:

  • Developmental regressions that a child may experience, such as forgetting potty training
  • Experiencing severe behavioral issues such as extreme separation anxiety from a parent or not trusting authority figures
  • Loss of enjoyment of life, meaning the trauma a child experienced causes them to be scared to participate in activities that they previously enjoyed
  • Mental anguish that can manifest via constant nightmares and disrupted sleep patterns
  • Pain and suffering

In cases where a daycare injury permanently alters a child’s appearance or the function of their body, a family can be compensated for the physical disfigurement or impairment. We see these forms of noneconomic damages when holding a daycare center accountable for a child’s spinal cord injury caused by a fall, severe burns caused by an unattended bottle warmer, or chemical burns caused by harsh cleaners.

We want to emphasize that seeking or receiving damages in a daycare injury case does not mean the parents are “sue happy” or greedy. Compensating a party, like a family with an injured child, through a settlement or judgment is how our legal system recognizes who was wronged and who should be held accountable. In cases involving children injured at daycare centers, the accountable party would be the negligent daycare center.

Do you have questions about filing a daycare injury lawsuit or seeking damages after your child’s daycare injury? Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free consultation.

More Free Resources on Damages in a Daycare Injury Case

Our experienced Texas daycare injury lawyers have created more free resources to help parents like you understand damages when holding a negligent daycare center accountable for a child’s injury: 

Get a free consultation if your child was seriously injured at a Texas daycare center.

Our team of experienced and compassionate daycare injury lawyers at The Button Law Firm is dedicated to advocating for you and your family if your child was seriously injured while in the care of a daycare facility anywhere across the Lone Star State. Our legal team is recognized on the prestigious Texas Super Lawyers list, and we can guide and help you move forward 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 the contact form below for a free consultation.

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