Dallas Daycare Injury Lawyers
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In modern society, it is often the case that both parents must work. As a result, daycare centers have become ubiquitous in the United States. However, one survey by the National Institute of Child Health Development rated the majority of these daycare centers as being of poor or fair quality. In fact, many of the employees of these daycare centers are underpaid and overworked. It is thus no surprise that so many accidents occur at these centers.
If you or your loved one’s child has suffered an injury from a daycare accident, the parent may be entitled to compensation on behalf of the child. Call Zinda Law Group at (888) 449-1160 for a free consultation with one of our experienced daycare negligence lawyers.
Causes of Daycare Accidents
There many causes of daycare accidents. Below is a list of some of them.
- Slip and falls
- Falls from playground equipment
- Sexual abuse
- Neglect after injury
- Verbal abuse
Daycare Regulation in Texas
Daycare employees are held to a high standard in Texas. After all, they are entrusted with the care of your child.
One of the most important requirements Texas requires of daycare centers is that they ensure proper supervision of children. This is because the lack of supervision is often the reason why many daycare accidents occur. Children often do dangerous and reckless things. It is their nature to do so. Unfortunately, some daycares, despite knowing that children can be reckless, fail to supervise the children entrusted to them.
In relation to the above, Texas law requires that there be an adequate number of employees in relation to the number of children entrusted to the daycare. Therefore, if a daycare has one hundred children entrusted to them, but there are only five employees supervising them, that daycare is in violation of Texas law.
Another important requirement Texas requires of daycare centers is that daycares provide adequate training to their employees. Regrettably, this is easier said than done. Daycares, like many businesses, want to cut corners. As a result, their staff may unqualified individuals who may not know how to take care of children. Taking of care of children requires preparation and education.
Texas also requires that daycares provide proper nutrition to the children entrusted to them. This is because some daycare centers have been found to not even feed the children or feed them very little. Proper sanitation is also required. This does not just simply mean that the bathroom has to be cleaned every once in a while, but that the toys and other objects that children touch have to be cleaned as well.
Making a Claim for Compensation
Because children under eighteen may not file personal injury claims themselves, their parents or their guardians must file a personal injury claim on their behalf. If you plan to file a personal injury claim on behalf of your child, below is a general idea what a daycare injury attorney may do for you once you contact him or her.
- Your attorney may gather the necessary documentation to build a strong case.
- Your attorney may then investigate what happened to strengthen your case further.
- Your lawyer may then pursue a settlement for you based on the evidence collected and the injuries your child sustained.
- Your lawyer may then walk you through each step from beginning to the collection on your settlement check, in successful cases.
Who Can I Sue?
In general, when you file a personal injury lawsuit against a daycare provider, you will likely target the daycare provider itself rather than an individual employee. This is because a company is liable for the acts of its employees. However, in certain cases, the company may not be liable for the act of its employee because the act of the employee was extremely egregious and the act was not at all related to the daycare service.
Learn More: How Does a Daycare Injury Case Work?
Average Settlement for Daycare Negligence
Every daycare negligence case is different. Because every case is different, it is extremely difficult to know what amount you may be entitled to. In general, however, the more severe your case is, the more likely it is that your settlement amount will be higher. For instance, if your child suffered third degree burns because of caregiver negligence, then you may be entitled to a higher settlement amount than if your child only received a slight bruise on the knee because of a daycare employee’s negligence.
Related to the severity of the case, the amount of medical expenses that you incur plays a huge role in determining how much settlement money you may be entitled to. If your child suffered a third degree burn that requires numerous hospital visits and lifelong treatment, an insurance adjuster will likely consider this fact in determining how much settlement you may be entitled to.
Though physical injuries and the costs of treating those physical injuries play a heavy role in determining the settlement amount, mental and emotional harm play a role as well. If a court or jury is able to determine that because of child care negligence your child suffers from mental or emotional harm, you may be entitled to a greater settlement than if your child did not suffer from such harm.
Legal Time Limits
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 Dallas, 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 he or she wishes.
As time limits can change depending on your child's case, it is best to speak with an attorney in Dallas to find out more.
Get Help from Our Dallas Daycare Abuse Lawyers Today
Nothing is more important to a parent than his or her child. If your child has been injured because of the negligence of a daycare employee, we encourage you to seek help from one of our experienced daycare injury lawyers. If you decide to file a lawsuit, you may need help from a lawyer. After all, going up against an insurance company is not an easy task for someone not well-versed with the law—especially if you are an individual with an injured child who needs you to be by his or her side. We at Zinda Law Group want you to focus on your child’s health and recovery while we handle the rest.
If you or your loved one’s child has suffered an injury from a daycare accident, you or your loved one may be entitled to compensation on behalf of your child. Call Zinda Law Group at (888) 449-1160 for a free consultation with one of our experienced daycare abuse lawyers today.
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