What is the Statute of Limitations After My Child Was Injured at Daycare

When talking about legal cases, many of us have heard the term “statute of limitations.”

But what exactly is the statute of limitations, and what does it mean in terms of a daycare lawsuit? The statute of limitations is the time period to be able to file a formal lawsuit against a responsible party.

Usually, these are laws that are set by the legislature on both state and federal levels.  

The Statute of Limitations for Injury Cases Involving Children

In Texas, the standard statute of limitations for most personal injury cases is two years from the date of the injury. However, it’s important to note that the statute of limitations period depends on who is bringing the claim – in a daycare case, that means there is one statute of limitations for the parents’ claim and one statute of limitations for the child’s claim.

When talking about daycare injury cases in Texas, the two-year rule applies to the parents’ claim and the child’s claim. But they have different starting points.

Parents have two years from the date of their child’s injury to take legal action against the daycare for reimbursement of any medical expenses and other economic damages paid out of pocket. The child’s individual claim has a different statute of limitations. The child’s claims can be brought through until two years after turning 18, which is when they become legal adults.

The Importance of Moving Swiftly for Daycare Injury Cases

It’s usually better that parents get help for their child sooner rather than later. We try to convey the importance of doing this quickly to parents across Texas.

Additionally, waiting to make a legal claim can make it much harder to preserve evidence or get witness statements.

Sadly, we’ve seen some families not get the justice they deserve because they didn’t take action in time. If you have questions about your child’s daycare injury claim, be sure to reach out to us.

Our team has years of experience helping families after their little one has suffered a serious injury at daycare, and we want to be able to help you, too. If you’re not quite ready to speak to a member of our team but you’re wondering what to do after your child’s injury at daycare, be sure to download our free guide, 5 Steps to Take After a Daycare Injury, which we've linked here. Don’t hesitate to reach out to our team. We’re here to keep you and your family moving forward.