Parents are the guardians of all their children under the age of eighteen (18). This means that any claims 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.
Who Has A Claim In A Daycare Negligence Case?
Parents always want to know what the available claims are for the parents as well as the child. 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?
The first claim is for the parents, that covers medical expenses up until the time the lawsuit gets resolved, as well as any of the medical bills that will be incurred in between the time of lawsuits done and the time that child reaches 18 or beyond if it's a more permanent disability. The medical bills fall under the parents 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?
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. Or will have difficulty doing in the future if there is a permanent injury. These impairments will impact any activities, passions or abilities they ever did in the past or would have wanted to do in the future. This also includes disfigurement. If there's any visual scarring or visible injuries involved it would be included as well. 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?
The death aspect of a child is tragic. The parents would have a wrongful death claim at that point. That factors in a few different considerations that are more tailored towards the parents and what they've lost out on which is generally priceless. The elements for that claim are unique to each child and each family in and of themselves.
What Can The Button Law Firm Do To Help?
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 unfortunately killed while at a daycare facility, you may have other questions or concerns. Just give us a call at 214-888-2216 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 give us a call. You can also fill out the Contact Us page on our website.