There are no words to express the anguish of losing a child, particularly in a situation that could have been prevented. It’s even more heartbreaking if their death occurred at a daycare center in The Woodlands. Despite the perception of daycare centers as safe environments, tragic incidents reveal the stark reality of safety oversights. In fact, 71 children lost their lives in Texas daycare centers within a single year, according to the March 2023 Child Safety for Licensed Daycare Centers report, painting a grim picture. In the legal system, these devastating instances are referred to as the wrongful death of a child. And, sadly, wrongful deaths are a possibility at daycare centers in The Woodlands.
Our compassionate and experienced daycare injury lawyers at The Button Law Firm have advised many parents who have experienced the wrongful death of a child at a local daycare center, so we understand how painful it can be. We are here to help you during this difficult time and want to share with you an overview of the potential options you have to hold the center accountable for your child’s passing.
How Do Wrongful Death Incidents Happen at Daycare Centers in The Woodlands?
Lapses in child safety or noncompliance with the state’s minimum standards can lead to devastating outcomes at daycare centers in The Woodlands. Some of the most common scenarios our daycare injury lawyers have seen that can lead to fatal injuries include:
- Caregivers not following safe sleep practices for infants.
- Classrooms surpassing designated child-to-caregiver ratios, resulting in caregivers being unable to properly supervise children in their care.
- Lack of response by caregivers or they’re uninformed about how to properly assist a child choking during a meal or snack time.
- Inattention to a child’s allergy plan and exposing a child to a known allergen.
- Children overheating or experiencing heatstroke after being left in a daycare van or bus on a hot day.
- Physical abuse at the hands of an unqualified daycare worker.
- Serious brain or head injuries caused by a fall from a high surface at the daycare center.
- Unsecured furniture such as heavy bookcases or dressers falling on top of children.
Can I Sue a Negligent Daycare Center in The Woodlands If My Child Passes Away in Its Care?
Yes. Taking legal action against a negligent daycare center in The Woodlands is a common step for families grappling with the heartbreaking loss of a child. Through a wrongful death lawsuit, families aim to hold the center and any relevant caregivers accountable, ensuring the child’s passing was not in vain. Additionally, legal action can help prevent similar incidents and protect other children and their families from the same fate. The statute of limitations, or time limit, to file a lawsuit against a daycare center in The Woodlands is two years from the day of the fatal incident. (It is important to note this date is sometimes different from the date of a child’s passing.)
Although the process may be emotionally taxing, filing a lawsuit initiates an investigation to determine the exact circumstances surrounding the child's death and identify any breaches of state-mandated safety standards that may have contributed to the tragedy at the daycare center.
In a daycare wrongful death lawsuit against a facility in The Woodlands, your family may be eligible for compensation to cover the following damages:
- Funeral and burial expenses
- Medical expenses incurred prior to your child’s passing
- Pain and suffering due to the emotional toll of losing a child
- Punitive damages if the daycare’s gross negligence caused your child’s death
While it cannot reverse the loss of your child, pursuing a wrongful death lawsuit against a daycare center can offer your family a sense of closure and aid in the process of moving forward.
Can Liability Waivers Be Enforced at Daycare Centers in The Woodlands If My Child Passed Away?
Liability waivers are release forms that attempt to release legal liability from a company and waive the right to sue for damage or injury. Most daycare centers in The Woodlands require you to sign a liability when you register or enroll your child at the facility. However, local courts often find these waivers to be invalid in daycare wrongful death cases. We encourage you to reach out to our daycare injury and wrongful death lawyers at The Button Law Firm to explore your options. Get a free case evaluation by calling 281-857-6116, emailing us at [email protected], or filling out a contact form.
Hold a Daycare Center in The Woodlands Accountable for Your Child’s Untimely Death
We understand that the loss of a child, especially under preventable circumstances, is an incredibly challenging experience for parents. At The Button Law Firm, our empathetic team of daycare injury lawyers in The Woodlands is here to support you during this difficult time. We have worked closely with grieving parents and understand the emotional toll that such a situation can take.
Navigating legal complexities is the last thing you should have to worry about while grieving the loss of your child. Our experienced legal team is here to provide compassionate guidance and help ease the burden on you during this challenging time.
If you suspect that your child’s passing at a daycare center in The Woodlands was caused by the center’s negligence, call 281-857-6116, email us at [email protected], or fill out our contact form. We are here to support you through this process.
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