Houston Daycare Injury Attorneys
When your child is harmed or injured in daycare in Texas
If your child suffers an injury while in the custody of a daycare or child care center, it is important to understand what exactly happened and why. Your daycare facility and personnel should be just as concerned about your child’s injury as you are – going above and beyond to figure out what happened, providing that information to the family, and working on doing everything reasonable to prevent a similar incident from happening again.
Unfortunately, this is not always the case, as daycares sometimes refuse to provide parents with the information they need about how their child got injured, or even lie to them to cover up their own responsibility. In these situations, it may be necessary to file a lawsuit to obtain evidence from the daycare and to hold the right people accountable. The Houston attorneys at the Kishinevsky Law Firm want to help. Contact us today for a free consultation.
Your questions, answered
- Why do Houston daycare injuries and accidents happen?
- What are common types of Houston daycare injuries?
- How is daycare and childcare regulated in Texas?
- What are signs my child is experiencing daycare abuse?
- How do I prove my Houston daycare injury case?
- What is the value of my child’s daycare injury claim?
- Is there a daycare injury lawyer near me?
Why do Houston daycare injuries and accidents happen?
Any instance of negligence on the part of a daycare worker or facility can contribute to a child suffering an injury. Examples of negligent behavior and procedures can include:
- Inadequate supervision of children
- Untrained or incompetent staff
- Lack of first aid kits and training
- Dangerous playground facilities
- Toxic or dangerous toys
- Assaults from other children
- Abuse from staff members
- Inadequate staff to child ratio
Some of the injuries resulting from these issues can be severe or even fatal, putting overwhelming stress on a child and their family. The Houston personal injury attorneys at the Kishinevsky Law Firm will thoroughly investigate the incident that caused your child harm, working to secure the evidence you need to help your child recover from their injuries.
What are common types of Houston daycare injuries?
Although children experience the same types of injuries as adults, their recovery and healing time is much different as their bodies are still growing. Serious injuries infants and children may experience in daycare accidents include:
Daycare and childcare facilities must follow certain standards in order to keep children safe.
How is daycare and childcare regulated in Texas?
Under Chapter 42 of the Texas Human Resources Code, the Texas Department of Family and Protective Services (TDFPS) regulates childcare and child-placing activities in Texas, investigates alleged abuse or neglect in child care facilities, and creates and enforces minimum standards.
The TDFPS website offers the ability to search for a daycare based on a variety of factors. This is a good tool for finding licensed daycares in your area. Just as importantly, this is also a good tool for researching a daycare before deciding to send your child there, as the search allows you to view information about prior investigations, inspections, and citations of any daycare facility.
If your child suffered an injury at a daycare, depending on the specific facts the situation may need to be reported to TDFPS as an incident of possible child abuse by the daycare for TDFPS to investigate. You can find information from TDFPS about making a report here. Although daycares are required to self-report incidents involving injuries to children in their custody under applicable law, many often fail to do so, further violating the law in an attempt to cover up their own responsibility.
If your child was injured in a daycare facility, the Houston attorneys at the Kishinevsky Law Firm can help you file a claim against the daycare to recover for the resulting damages and injuries.
What are signs my child is experiencing daycare abuse?
Although physical injuries are usually immediately obvious, emotional and psychological abuse can happen in secret, and your child may not have the ability to tell you what is happening. However, signs your child may be experiencing abuse at daycare include:
- Separation anxiety. If your child is overly anxious about being left at daycare, or has a constant need to be around a parent or someone they trust, it may be a sign something is wrong.
- Regressive behavior. If your child suddenly starts regressing emotionally or psychologically, like bedwetting or acting out, they may be experiencing some type of abuse.
- Excessive crying. Some babies and children simply cry a lot. If your child is crying more than usual and it’s difficult to calm them down, after ruling out any medical causes, you may want to investigate their daycare facility.
- Fear of strangers. Most children have a healthy fear of new adults, but if a previously social child is suddenly afraid of strangers, it could be a sign of some sort of abuse.
If you suspect your child was injured or abused while in daycare, our dedicated legal team can help you report the incident to the proper authorities and discuss your potential injury claim.
How do I prove my Houston daycare injury case?
To secure financial compensation for your child’s injuries, our attorneys must prove negligence on the part of the daycare and/or its staff. We do so by gathering evidence that demonstrates the following:
- The daycare provider had a duty of care to keep your child safe and protect them from harm
- The provider breached that duty of care, through negligence, recklessness, or intention
- Your child suffered injury or harm as a direct result of that breach of duty
Daycares in the State of Texas are required to be licensed by the Texas Department of Family and Protective Services. Nearly every aspect of daycares licensed by the State of Texas are extensively and heavily regulated, and in the vast majority of instances where a child is injured while in the custody of a daycare facility, it is because one or more of these rules and regulations put in place by the State of Texas to protect children in daycares was not properly followed.
What is the value of my child’s daycare injury claim?
When we work for compensation on behalf of your child, we take the full extent of their injuries into consideration. In the case of severe and life-altering injuries, this compensation can include:
- Coverage of your child’s medical expenses, both current and future, including hospital and doctor’s appointments
- Wage loss for parents and guardians if they had to take significant time off work to care for their child
- The child’s loss of earning potential due to their injuries
- Physical or occupational therapy, if necessary
- Pain and suffering damages, both past and future
- Damages for mental anguish and physical impairment, past and future
In cases where a daycare facility or staffer acted with gross negligence or intent, we also seek punitive damages on behalf of your child and family.
Is there a daycare injury lawyer near me?
The Kishinevsky Law firm is located at 6363 Richmond Ave, Suite 207 in Houston. We offer plenty of parking, and there’s also a bus stop right in front of our building. If your injuries are too severe to come to us, we can come to your home, hospital, rehabilitation center, or meet with you via telephone or Zoom. We’re here for you.
Compassionate Houston daycare injury attorneys on your side
At the Kishinevsky Law Firm, we understand there is no injury worse than an injury to a child. When your child is harmed in the care of people you thought you could trust, look to us for legal guidance and help. Our Houston daycare injury attorneys can help guide you through the legal process with knowledge, and work to hold the right people accountable for the harm they caused your family. Our consultations are always free. Call 832-529-1111 or fill out our contact form to schedule an appointment today.