Parents often find themselves feeling overwhelmed and confused when their child is injured at daycare. They come to us looking for answers they can’t seem to get from the daycare. In many cases, parents aren’t sure where to begin.

Common questions we hear include:

  • “My child had to go to the emergency room. Who’s going to pay these bills?”
  • “My child had a life-altering injury and needs around-the-clock care. How do we handle this?”
  • “It’s been a while since the daycare injury, and my child is still showing signs of anxiety and trauma. What do we do? Who do we see?”

These are normal concerns for parents whose children have been injured, abused, or neglected at daycare. In this article, we’ll outline the steps to take after a daycare injury to ensure your child gets the care they need and to protect your family’s legal rights.

1. Request an Incident Report from the Daycare

If your child has been injured at daycare, the first thing you need to do is request an incident report. Daycare facilities are required to document any injuries that happen under their care. This report can serve as important evidence if legal action is necessary.

Ensure the report is detailed, including the time, location, and description of the injury. If possible, get a copy of this report for your records.

2. Report the Injury to the State

Next, you’ll need to report the incident to your state’s childcare regulatory agency. In Texas, for example, you would report the injury to the Department of Family and Protective Services (DFPS). This step ensures that an independent investigation is conducted into the daycare facility’s practices and the circumstances surrounding your child’s injury.

For urgent reports, you can call the Texas Abuse Hotline at 1-800-252-5400 to speak with someone immediately. The situation will be investigated within 24 hours. 

In less urgent situations, you can report online at TXAbuseHotline.org. However, the online reports can take more than 48 hours to process.

Filing a report with the state is an important part of holding the daycare accountable and preventing similar incidents from happening to other children.

3. Report Suspected Child Abuse to the Police

If you believe your child has been physically abused at daycare, it’s essential to report the situation to law enforcement. While a lawsuit against the daycare would be a civil case, any instances of child abuse fall under criminal law. Child abuse is a serious crime, and criminal charges may be filed against responsible parties.

Documenting the abuse and ensuring that it is reported to the proper authorities can help protect your child and others from further harm.

4. Keep Medical Records and Monitor Your Child’s Health

If your child receives medical treatment for the injury, keep all medical records from each visit. This documentation is crucial, as some injuries may not be immediately apparent and could manifest in the days, weeks, or even months following the incident.

Pay attention to your child’s physical and emotional well-being during this time. If they continue to experience pain, anxiety, or other symptoms, document everything and follow up with healthcare professionals.

5. Seek Help for Psychological Trauma

In addition to physical injuries, daycare incidents can result in psychological trauma for your child. It’s common for children to struggle to express what they are feeling, so it’s important to look for signs such as:

  • Fear of returning to daycare
  • Becoming unusually clingy or scared to leave your side
  • Acting out in uncharacteristic ways

If you notice any of these behaviors, seek the help of a licensed therapist as soon as possible. Therapy can help your child process the trauma and provide them with coping mechanisms to deal with anxiety or stress.

6. Reach Out for Legal Guidance

Navigating a daycare injury case can be complex, but you don’t have to do it alone. At The Button Law Firm, we have experience with daycare and childcare injury cases and can help guide you and your family through the process. Our team provides free resources for families facing these difficult situations.

We’re dedicated to advocating for you and your family. We are ready to listen and fight for your family to get justice and move forward. Our lawyers 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. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.

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