Today, I want to discuss one of the most common and crucial questions we get from concerned parents:
'Do I Have a Case Against the Daycare?' Let me walk you through the factors that come into play when figuring that out. First and foremost, let's talk about damages.
Damages in a Daycare Injury Case
When trying to determine damages, our team usually asks: “What harm occurred, and how severe is it?” Understanding the extent of damages is key; it guides whether a claim or lawsuit against the daycare will benefit the best interest of the child or not. Sometimes, the predicted recovery, based on the damages, might not cover all the costs involved to make it worthwhile. The second factor to consider is liability.
- How did the incident unfold?
- Was there anything they could have done to prevent it?
- And are they insured?
These factors weigh heavily in determining if there's a case against the daycare. Then comes the need for proof. Can we prove that the daycare was negligent? If so, this could make them responsible for the damages to your child. Without solid evidence, making the daycare legally accountable can be a challenge.
The Importance of Timing When Filing a Claim Against a Daycare
Now, time is of the essence too. The statute of limitations plays a role in being able to pursue a legal case against a daycare. For many daycare cases in Texas, a safe rule is to make sure any lawsuit is on file within a two-year window from the date of the incident. If you miss that, your case might not be able to be filed. We get it; for parents dealing with this, it's overwhelming.
That's why we're offering 100% free case evaluations for daycare incidents. We want to make sure your concerns about the daycare are addressed, no strings attached. How does it work?
In a case evaluation, we'll listen to your story, ask vital questions, and guide you on the path ahead. If we find you have a case against the daycare, we'll kick into gear with the necessary legal steps. If not, we'll still provide guidance on the recommended next steps, such as finding a safe daycare and reporting to the state. Remember, all our case evaluations for daycare incidents are entirely free. So, if you're wondering if you have a case against a daycare, reach out to us.
We're here 24/7. If you want to learn more about the action you can take after your child is injured at daycare, download our free, five-step guide for what to do after a daycare injury. It’s linked here. Your journey to justice for your child starts here at The Button Law Firm. We’re here to keep you and your family moving forward.
