Daycare Injury Lawyers in Las Cruces, New Mexico

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Daycare workers are entrusted daily with the safety of other people’s children. However, they may behave negligently by failing to act with a reasonable level of care. If so, these daycare workers may be held liable for any injuries suffered by the children in their care. This harm may include verbal abuse, physical abuse, sexual abuse, or child neglect.

If your child been injured in a daycare accident, call the Las Cruces daycare abuse lawyers at Zinda Law Group at (512) 246-2224 for a free consultation. If we cannot reach a favorable result in your case, you will not owe us anything.

Causes of Day Care Accidents

 Common causes of daycare accidents include:

  • Slips or falls
  • Broken toys or equipment
  • Defective or toxic toys
  • Poor supervision
  • Unsafe playground equipment
  • Roughhousing
  • Child bites
  • Inadequate staffing

These causes often lead to injury, including such minor injuries as pinched fingers, scrapes, cuts, or bruises, as well as serious injuries such as broken bones, severe food illnesses, or choking. Overall, the single greatest cause of most daycare injuries is a lack of supervision by daycare workers. These untrained or distracted workers may create unsafe conditions that lead to injuries for the children in their care.

Making a Claim for Compensation

There are some differences in seeking compensation for accidents involving children rather than accidents involving adults. First, you will generally be bringing a claim on behalf of the child for injuries suffered in addition to any claims for your own damages, such as medical expenses and time taken off work to care for the child.

Further, the statute of limitations may be tolled for seeking compensation for the child’s injuries while any claim by the parent must generally be brought within two years of when the damages were caused.

If your child was injured at daycare, a daycare negligence lawyer may be able to help you pursue compensation for your child’s injuries as well as any expenses you may have incurred as a result such as medical expenses or time off from work spent taking care of your inured child.

After contacting a daycare injury lawyer in Las Cruces, your attorney may take several steps to help you seek any compensation you may be entitled to, such as:

  • Investigate the Accident or Abuse
  • Gather Evidence of any Negligence
  • Document any Injuries or other Damages and Expenses
  • Negotiate with the Other Party or Insurer
  • Go to Trial

Who Can I Sue?

When suing a daycare for negligence, there may be multiple liable parties, including:

  • Daycare centers: Many daycare centers may require parents to sign waivers of liability, but these waivers commonly fail to prevent a lawsuit if a child is later injured. Most claims may typically target the daycare facilities. These facilities may also often have liability insurance coverage, although Texas does not require any such coverage.
  •  Any negligent daycare worker: While the facility provider may often be sued for daycare injuries, any worker whose negligence contributed to or caused a child’s injury may also be held liable for any injuries. This may be especially necessary if the daycare center’s insurance coverage is insufficient to cover the extent of the child’s injuries.
  • Third parties: You may also be able to sue any third parties who may have been responsible for your child’s injuries. These third parties may include parents of other children, visitors, manufacturers of defective toys or equipment, or other negligent parties.

 Learn More: How Does a Daycare Injury Lawsuit Work? 

Average Settlement for Daycare Negligence

Every daycare injury case is different, meaning that no two cases may have the same settlement amount. Many different factors impact settlement amounts, including:

  • Availability and strength of evidence proving the other party’s negligence
  • Severity of any injuries
  • Treatment necessary for these injuries
  • Any potential future treatment
  • Types of injuries involved
  • Amount of insurance coverage, if any
  • Whether punitive damages may be available

Legal Time Limits

Any potential claims for compensation for daycare injuries and child care negligence will typically be subject to a two-year statute of limitations in Texas. This means that parents will generally have two years from the date of the child’s injury to bring a lawsuit pursuing compensation for their own damages such as medical expenses or lost wages from missed work while caring for the injured child. For example, if your child was injured on January 1, 2020, you must file any claim by January 1, 2022. After this time limit has passed, you may not be able to bring a lawsuit seeking compensation successfully.

However, the statute of limitations may be different in the case of a minor’s claim. The time limit to file a lawsuit may be tolled until the minor turns 18. In this case, the statute of limitations would not actually begin running until the child turns 18, giving the child two years from this date to file a lawsuit seeking compensation.


It can often be difficult for an individual to know what evidence is necessary to prove the other party’s liability or their own injuries in order to seek compensation. However, the experienced attorneys at Zinda Law Group may investigate the accident as well as negotiate with the insurance company on your behalf. After a situation of abuse at a daycare, it is often vital that parents focus on the child’s physical and mental recovery. A daycare abuse lawyer at Zinda Law Group may help the family do just that by relieving them of the stress of suing the daycare for the child’s injury and handling the case while the parents help their child recover.

At Zinda Law Group, our Las Cruces daycare injury lawyers are here to assist you with your claim. We help our clients pursue the maximum compensation they may be entitled to as a victim of an accident.

Call (512) 246-2224 today for a free consultation with one of our daycare injury attorneys. As one of our clients, you will not pay anything unless we can win your daycare injury case.

Meetings with attorneys by appointment only.