Daycare Injury

What the Records Can Show

Licensed child-care operations in Texas are regulated by Texas Health and Human Services, and inspection and violation records are available to the public. Those records, along with staffing logs and video, can show whether a daycare followed the rules that keep children safe.

Common Causes

• Not enough staff to supervise the children

• Unsafe sleep practices for infants

• Falls and playground injuries

• Choking, drowning, and medication errors

• Children left in vehicles or allowed to wander off

• Staff who were not properly screened or trained

• Abuse or rough handling

Protecting Your Rights

• Get medical care for your child right away and keep all records.

• Ask for a written incident report.

• Take photos of your child's injuries.

• Write down what you were told and who told you.

• Report suspected abuse or neglect to the Texas Department of Family and Protective Services.

• Talk with a lawyer before signing anything from the daycare or its insurer.

Holding Caregivers Accountable

We request inspection and violation history, staffing and attendance records, incident reports, and video before it is lost. We find out whether the caregiver followed the required staff-to-child ratios, training, and safety standards, and we work with doctors to understand your child's injuries and future needs.

Many daycares have security cameras that record on a loop and overwrite footage quickly. That video can show exactly what happened, so it is important to preserve it right away. We are fully prepared to take the steps necessary to protect the evidence needed for court.

What Compensation Can Cover

Depending on the facts, a claim may include:

• Past and future medical expenses

• Lost wages and lost earning capacity

• Physical pain and mental anguish

• Physical impairment and disfigurement

Common Questions

How long do I have to bring a claim for my child?

In Texas, the deadline for most claims of a minor does not begin until the child turns 18, but evidence disappears quickly, so it is best to act now. A parent's own claim for the child's medical bills may have a shorter deadline.

What if the daycare says it was just an accident?

Ask for the written incident report and keep copies of any messages from the staff. Licensed child-care operations in Texas are inspected by the state, and inspection results and violations can be searched online. Those records can show whether the facility had problems before.

Does it cost anything to talk with you?

No. The consultation is free, and there is no obligation.