Child holding arm in cast after a Daycare injury in Texas.Navigating a daycare injury can feel isolating and confusing for parents. Knowing that your child suffered an injury because of a negligent daycare center is hard, but there are specific steps you should take as a parent after a daycare injury to make sure your child receives the help they need and the justice they deserve. 

For any parents who have a child who was injured while at a Texas daycare facility, we offer a FREE 5-step guide you can use to navigate the aftermath of the situation. This guide explains in greater detail the steps we have described below. 

5 Steps Parents Should Take After Your Child Was Injured at Daycare

Step 1: Seek Immediate Medical Attention

When you become aware that your child has been injured at daycare, whether through the caregivers notifying you or on your own at home, it is imperative to seek medical attention for your child.

Even seemingly minor injuries may have hidden implications, especially considering children may not effectively express themselves. Heatstroke, playground injuries, and burns are common issues often overlooked or concealed by daycare facilities. Timely medical evaluation safeguards your child's health and establishes a foundation for potential legal action against the facility if you decide a lawsuit is necessary.

Step 2: Request an Incident Report

Obtaining a written incident report is essential after a daycare injury. Documenting the incident helps highlight and record situations where the daycare has failed to care for your child properly.

Unfortunately, some facilities may resist providing an incident report, claiming your child’s injuries are not severe enough. In such cases, parents can create their own report by:

  • Writing down the date, time, location, and what happened (to the best of your understanding)
  • Including the communication details of how you were told and how the staff at the daycare facility acted
  • Writing down names, including the name of the person who refused the incident report and all caregivers who were staffed that day
  • Signing your report and providing the daycare with a copy (keep the original)

Keeping a copy is vital, as daycare centers may not maintain these records or refuse to acknowledge their existence, potentially impacting future legal proceedings.

Step 3: Report the Incident to the State

Parents are encouraged to report daycare injuries to the state entity overseeing childcare centers. The Department of Family and Protective Services (DFPS) plays this role in Texas. If a daycare facility in Texas does not comply with the minimum standards for childcare, the state will cite the daycare with a deficiency that becomes a part of the daycare's public record. 

Reporting daycare injuries to the proper authorities ensures an impartial investigation, with state investigators gathering information and assessing compliance with minimum childcare standards. Taking matters into your hands and reporting incidents empowers parents to contribute to a safer childcare environment.

Step 4: Inform Yourself and Investigate

Staying informed involves conducting your own thorough investigation into the incident. To do this, parents should take the following steps:

  • Speak with your child about what happened. Your child may be able to provide details from the incident that the daycare did not tell you about.
  • Search for any past incidents at the daycare. Go to the Texas Department of Family Protective Services website and look through the reports from the last two years. Note any incidents that are similar to what happened with your child.
  • Talk to other parents at the daycare. Ask if they have heard anything from their children or noticed any red flags while at the daycare center. 
  • Read the daycare facility's reviews online.

This step may seem daunting, and that's okay. The Button Law Firm attorneys have experience handling these cases and are happy to help you handle all the complexities. 

Step 5: Know Your Rights

Understanding parental and child rights is vital in daycare injury cases. Parents may have claims for out-of-pocket expenses, while the injured child's claim encompasses personal injury, emotional trauma, physical impairment, and potentially life-altering injuries. Texas has specific statutes of limitations for these claims, emphasizing the importance of seeking legal advice promptly.

To learn more about the specific rights you have as a parent after your child was injured at a daycare in Texas, click here. 

The Button Law Firm Can Help You Handle the Daycare Neglect, Injury, or Abuse

Our team of experienced and compassionate daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child suffered injuries because they were improperly supervised at a local daycare center. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our attorneys at The Button Law Firm are 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.

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