When a child is harmed at a daycare or childcare facility, the consequences can be devastating for families. In the aftermath, many parents are left wondering what legal actions can be taken—and who is responsible for pursuing them.
There are generally two potential paths to justice in these cases: criminal charges and civil claims. While they are both serious legal responses, they serve different purposes, follow different processes, and can lead to different outcomes.
This article will explain:
- The key differences between criminal and civil actions
- Who determines whether charges or claims move forward
- What each path can offer families seeking justice and accountability
What Are Criminal Charges?
The state files criminal charges when someone’s actions violate the law. In daycare cases, this can happen when a worker’s behavior is considered reckless, abusive, or intentionally harmful.
Criminal cases are investigated and prosecuted by law enforcement and the district attorney’s office. If charges are filed, the case could result in:
- Fines
- Probation
- Jail or prison time
Criminal charges aim to hold individuals accountable under the law and protect the community from future harm.
It’s important to understand that families do not have control over criminal charges. Authorities make these decisions based on the evidence and whether the legal standard is met.
In some cases, criminal charges may not be pursued even when serious harm has occurred. This is often due to the high burden of proof required in criminal court, proof beyond a reasonable doubt, not because the situation isn’t serious or doesn’t matter.
What Are Civil Claims?
Civil claims are different. Instead of being brought by the state, civil cases are initiated by the injured party—in daycare injury cases, that’s usually the child’s parents or guardians.
The purpose of a civil claim is to hold the daycare or childcare provider accountable and to help families recover from the harm that was done.
Civil claims can result in help for:
- Medical expenses
- Pain and suffering
- Emotional distress
- The long-term impact on the child and the family
Unlike criminal cases, civil claims can be filed even without criminal charges. Even if criminal charges are pursued, families can still choose to pursue a civil case.
At The Button Law Firm, we focus on civil claims because we know how important it is for families to get answers, seek justice, and receive the support they need, regardless of what happens in the criminal justice system.
Why Civil Claims Matter
When a child is hurt due to negligence or abuse at daycare, families deserve more than silence or inaction. Civil claims give parents the ability to:
- Take action on their terms
- Hold the daycare accountable
- Seek real, life-changing results for their child’s future
A civil case empowers families to regain control and move forward in a meaningful way.
We’re Here to Support You
If your child has been injured at daycare, you may feel overwhelmed or uncertain about the steps to take. You don’t have to figure it out alone.
Whether or not criminal charges are filed, you have the right to pursue a civil case and fight for justice on behalf of your child. Our team at The Button Law Firm has extensive experience handling daycare and childcare injury cases, and we’re here to help guide you through the legal process with compassion and care. Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free case evaluation.
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