Daycare Injury Lawyer in Austin
Every day, millions of parents in the U.S. entrust a childcare provider with the care of one of their most precious treasures - their children. Unfortunately, most daycare injuries in Austin result from inadequate supervision or lack of training, and a momentary distraction or lapse on the part of the caregiver can result in devastating injuries to your child.
Causes of Day Care Accidents
Common causes of daycare accidents include:
- Children are dropped
- Falls from changing tables and playground equipment
- Children dropped
- Ingestion of poison or toxic materials
- Allergic reactions
- Failure to administer medication properly
- Entanglement of arms and legs
These common causes of injuries often lead to allergic reactions, poisonings, broken bones, brain injuries, concussions, eye injuries, loss of teeth and more.
Moreover, daycare centers that employ untrained or poorly trained staff can result in a lack of supervision; distracted workers (staff on cell phones, fraternizing, etc.); lack of care in maintaining the facilities including unsanitary conditions; allowing children to play with unsafe toys; and facilities that are not baby proofed.
Day Care Center Regulations in Texas
The Texas Department of Family and Protective Services (DFPS) are charged with protecting the health, safety, and well-being of the children by establishing statewide standards for safety and training, and through regulating facilities through a licensing program.
The DFPS is also charged with monitoring the operations of licensed child care centers for compliance with the licensing standards, rules, and laws of the state of Texas.
While kids get hurt every day in the normal course of childhood, when your child is injured while in the custody of the daycare center, are they to blame? Day care centers must meet certain health and safety guidelines including:
- Supervising the children at all times in proper ratios
- Maintaining sanitary and hazard free conditions
- Conducting emergency drills
- Having a properly stocked first aid kits and trained staff
- Ensuring food and snacks are safe to eat
- Keeping hazardous and toxic substances out of reach of the children
- Keeping lists of the approved release of children
Making a Claim for Compensation
Accidents involving children are treated a little differently to accidents involving adults. Any child under the age of 18 is considered a minor in Texas. and will not be in a position to bring the claim forward themselves.
However, a parent can move forward with a claim on the child's behalf. In order to do so, you can do the following:
- Contact an Austin Daycare Injury Lawyer
- Your attorney will then gather all relevant documentation for you and build the strongest case possible
- Your lawyer will then investigate what happened to further strengthen your case
- Your lawyer will pursue a settlement for you based on the evidence collected and the injuries your child sustained.
- Your lawyer will walk you through each step from beginning to the collection on your settlement check, in successful cases.
Who can I sue?
This will depend on the facts of your child's injury and accident. Those who may be held accountable include:
- Daycare provider
- Other staff members, such as caretakers and office staff members of the daycare facility
In general, if the accident occurred because of a negligence staff member, failure to keep your child safe, lack of adequate supervision or physical abuse, you will likely pursue compensation from the daycare facility. Speak with a lawyer today to help determine who is at fault.
LEGAL TIME LIMITS IN AUSTIN (STATUTE OF LIMITATIONS)
The statute of limitations governs how long a person has to make a claim for compensation after an accident. If your child was injured in Austin, then Texas rules would apply. The general rule for personal injury claims is 2 years. This means that a person generally has 2 years after the injury was sustained to make their claim.
However, in child injury claims, this time limit usually doesn’t take effect they turn 18 years old. This means the 2-year clock start when the child reached 18 years old. But, a parent can bring a claim forward before this time if they wish.
As time limits can change depending on your child's case, it is best to speak with an attorney in Austin to find out more.
If Your Child Was Injured
Texas law allows parents of children in Austin who are injured at daycare facilities to file a lawsuit on their behalf. Even if you unsure of the circumstances that caused your child’s injury, the attorneys at Zinda Law Group can investigate and determine the cause. If the daycare center was negligent and their negligence was the direct cause of the injury, we can file a claim for compensation including past and future medical expenses, therapy, surgery, pain and disfigurement.
If your child is hurt in a daycare center accident, seek medical attention immediately and report the incident to the day care center if they are unaware of the injury. Then seek the advice of an experienced lawyer. We urge you to seek the advice of our compassionate Personal Injury attorneys at Zinda Law Group. We are ready to speak with you today. The consultation is free and there are no fees unless we win for you. All fees are paid from any settlement or verdict at the conclusion of the case, so call today. (800) 863-5312