When to File a Claim After a Daycare Injury in Texas
After a child has been injured at a daycare center in Texas, your family has options to hold the daycare accountable. Typically, you have two years after the date of the incident to file a lawsuit for a child’s daycare injury in Texas. If a lawsuit is not filed within two years from the date of the injury, you may lose your right to seek compensation and get justice.
A child’s injury at a daycare center is generally considered a personal injury claim under Texas law. A child’s death at a daycare center is generally considered a wrongful death of a child claim under Texas law, which can also include a criminal case. Victims and their families have a two-year statute of limitations for both claims.
Filing a daycare injury claim as quickly as possible can help you and your family recover maximum compensation for your child’s injuries and help prevent the negligent daycare from injuring other children. However, be aware that a lawyer most likely will not accept a case within a day or so of the filing deadline because there is not enough time to fully investigate and prepare the case for the filing of a lawsuit.
Just recently, our Texas daycare injury lawyers at The Button Law Firm acted quickly to file a lawsuit on behalf of the mother of a 2-year-old child. In this case, an employee came forward, admitting that she witnessed co-workers administer Benadryl to the child to make her go to sleep. You can read the Fort Worth Star-Telegram article discussing the case and wrongdoing of the daycare center here.
When Does the Statute of Limitations Start for Daycare Injuries in Texas?
The statute of limitations is defined as the amount of time you have to take legal action, and state laws require that lawsuits be filed by certain deadlines. Typically, the deadline to file a lawsuit for a daycare injury or wrongful death of a child claim is two years from the date of the incident or when your child was hurt. The law prevents any potential compensation or recovery of damages for victims and their families if the lawsuit is not filed by the deadline.
However, there are some exceptions that can delay the start of the two-year deadline for filing a lawsuit in a Texas daycare injury claim. Some exceptions can include the following:
- You were unconscious and not capable of knowing you were injured
- The injury involves a minor, which is anyone under the age of 18 years old
- A person involved in the incident has died
We have an in-depth article with more information about statute of limitations in Texas here.
Our Texas daycare injury lawyers at The Button Law Firm want to help your family get the compensation you deserve as quickly as possible and help your family move forward after a daycare injury. Reach out to our knowledgeable team by calling us at 214-699-4409 or filling out a contact form with any questions.
Is Filing a Claim the Same as Filing a Lawsuit?
Filing a claim is not the same as filing a lawsuit. Filing a claim involves notifying the daycare center, responsible person, or applicable insurance company about your child’s injuries and requesting compensation for the damage caused by the injury. Filing a claim can sometimes result in a quick resolution of the incident.
On the other hand, a lawsuit involves filing a petition with the appropriate court that states your claims and requests compensation for the damage caused by the injury. The filing of a lawsuit starts the process of civil litigation and a trial and is sometimes necessary in cases involving serious child daycare center injuries.
In Texas, you must file your lawsuit with the correct court within two years. It's important to note that simply submitting a claim to the daycare center, responsible person, or insurance company will not fulfill the two-year statute of limitations requirement.
Why Is It Important to File a Claim as Soon as Possible?
It is important to file a claim as soon as possible. Waiting can result in your loss of the right to file a claim or lawsuit or your loss of the opportunity to obtain valuable information or evidence to support your claim. The best time to gather evidence, including taking photographs of your child’s injury and, if possible, the daycare center and obtaining witness statements while memories are fresh, can be instrumental in supporting your child’s case. Filing a claim quickly might also help your family maximize potential compensation, allow your child to recover as soon as possible, and protect other children from potentially enduring the same injuries.
To learn more about what to do after your child has been injured at a Texas daycare center, download our free guide: 5 Steps to Take After a Daycare Injury. Also, you can talk to our knowledgeable team by calling us at 214-699-4409 or filling out a contact form with any questions.
Why It’s Important to Contact The Button Law Firm’s Texas Daycare Injury Lawyers
It is crucial to retain an attorney like our experienced and compassionate Texas daycare injury lawyers at The Button Law Firm as soon as possible. Time is of the essence to protect your rights and hold the negligent daycare center accountable. We will guide you through the daycare injury process. Aggressive legal pursuit of your child’s daycare injury includes investigating your child’s case, gathering the necessary evidence, and filing a claim or lawsuit in a timely manner. 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 injury to 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 or fill out a contact form for a free consultation.