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Houston Daycare Injury Lawyer by Baumgartner Law Firm

Jul 19

Houston Daycare Injury Lawyer

Has a daycare center ever injured your child?

Let Baumgartner Law Firm's daycare injury attorneys fight for them!

If the child's injury or even demise was caused by the negligence of a daycare provider. You might want to take legal action against them to get paid and hold them responsible.

In that case, you've found the right law firm. For more than 35 years, our daycare negligence attorneys have assisted families who suffered a daycare injury.

The Baumgartner Law Firm assists those who have been hurt at a daycare facility in obtaining the just compensation. In order to protect your rights, you should speak with a lawyer as soon as possible if you or your child has been hurt in a daycare. For your child's case, we will work to obtain the best possible compensation.

For a free consultation about your family's rights and options, get in touch with a top-rated daycare injury lawyer who has earned your trust for decades. Call (281) 587-1111.

A Daycare Facility Injured Your Child, Did It?

A parent's worst nightmare might be an injury at the daycare. We comprehend the understandable outrage felt by the parents of a child hurt at daycare.

It can be challenging to know what to do after your child is hurt. You might not even be aware that you have a claim or how much money you should be compensated for your suffering and medical expenses.

If you find yourself in this predicament, a daycare injury lawyer can advise you on the best way to pursue compensation.

When your child is hurt at daycare, you can turn to Baumgartner Law Firm for assistance. In order for your family to heal collectively, we'll walk you through the process of making a claim and receiving the assistance that is due.

We have more than three decades of experience assisting families in receiving the just compensation. We are also here to support you. Call (281) 587-1111 now for a free consultation.

If My Child Gets Hurt at Daycare, Can I Sue?

Yes, if the staff's negligence or carelessness caused your child's injury at a daycare facility. For more than three decades, we have fought for parental rights, and we have won numerous settlements in the six- and seven-figure range.

We have never lost a case against a daycare center, and we attribute our success to both the number of kids we have helped and the seriousness of their injuries. Very minor injury claims are not accepted by us.

Why Work with the Baumgartner Law Firm?
Speak with a Houston Daycare Injury Lawyer Today

Who you choose to represent you is one of the most important choices you can make to safeguard your child's financial future after a daycare injury. The sooner you retain a daycare injury lawyer, the better. One of Texas' top child injury attorneys is one of our top-rated daycare injury attorneys.

Daycare Injury Experience over Decades

Many severe injury and wrongful death cases resulting from daycare neglect and negligence have been handled by our daycare injury attorneys. Our track record is solid, and we have a long list of happy customers.

If your child passed away at a daycare facility, we have a track record of success in wrongful death cases resulting from daycare negligence.

We have the expertise, reputation, and experience to assist your family because we assist so many families after their child sustains an injury at a daycare facility.

The family incurs no up-front costs.
We acknowledge that we take a contingency fee approach to every daycare injury case. In other words, there is no upfront cost to you, and we only get paid if we successfully raise funds for your child.

And because we are advocating for the child's interests, our fees are typically lower than they would otherwise be. Before we can be paid, the court must first approve all expenses and charges.

Developing Evidence Against a daycare Provider

The fact that your child was hurt while in daycare does not automatically entitle you to compensation from the provider. You must prove that the provider was negligent and violated its duty of care. If the daycare had previously been cited for this incident or other similar ones, that might be helpful.

However, Child Care Licensing frequently concentrates on what the daycare directors claim, which may not always be the case!

By assembling as much information and proof as you can, you must develop a case against the provider. Your case will be resolved much more favorably if your attorney has experience handling daycare injury cases.

An experienced daycare injury lawyer will be able to successfully investigate the case and take the necessary steps to resolve it in a satisfactory manner. Numerous daycare neglect cases handled by our attorneys have resulted in high six- and seven-figure settlements.

Injury cases at daycare can be challenging. You should consult a Houston personal injury lawyer as soon as you can after the injury if at all possible.

The statute of limitations for filing a law typically runs for two years, but when minors are involved, the statute of limitations may be tolled for the minor's personal injury (excluding past medical expenses, however). The integrity of the case's evidence may be jeopardized if you wait too long. Give us a call right away! (281) 587-1111.

What Does Inadequate Daycare Supervision Mean?

One of the most frequent reasons for child injuries in daycare facilities is insufficient supervision. Negligence in a daycare setting includes inadequate child supervision. Negligence in child care is the failure to supervise. Typical accidents attributed to inattentiveness include;

  • Falls
  • Baby Walkers
  • Burns
  • Marks, bruising, scrapes, and broken bones.

Here are some examples of cases we have won, though each child injury case is unique and its facts must be examined separately:

  • A worker changing a baby’s diaper steps away, and the baby falls.
  • A child was left in a hot van and died.
  • A child ingested a harmful chemical.
  • A caregiver leaves the room, allowing a child to climb and fall.
  • A child is burned with hot water when the caregiver was not watching.
  • Two children engage in rough play, and one gets injured.
  • The center allowed children to play on age-inappropriate play equipment.
  • Appropriate safety equipment was not used, and a child was severely hurt.
  • The daycare center failed to childproof the facility.
  • A daycare facility did not have enough caregivers leading to an injury.

A daycare center suffered an injury because there were not enough caregivers on site.
Simply not being able to control children well enough can cause very serious injury to the child. As soon as possible, contact a Houston daycare injury lawyer.

These instances of negligence by daycare staff members each exist. The facility is legally liable for the careless actions of its employees and is required to adhere to safety regulations. A daycare center may be held liable for other negligent hiring decisions, among other things.

It takes time to bring a lawsuit against a daycare for negligence. If your child suffers a serious injury while at daycare, contact our Houston daycare injury lawyers for a free consultation.

After we establish your case, the majority of our daycare injury lawsuits are settled. Knowing the daycare laws and using our experience in injury litigation help us demonstrate negligence. We have the winning history and experience you require.

Texas Daycare Injury Statistics Current?

The US Department of Health and Human Services reports that 5,321 daycare providers "were found to be perpetrators of abuse or neglect based on data gathered from 39 states."

More than 644 kids suffered serious or nearly fatal injuries at a Texas daycare facility in 2020.

Although many daycare providers were safe and responsible, abuse, neglect, and insufficient supervision at childcare facilities are serious issues across the nation. The most common reasons for child injuries at daycare centers in Texas are daycare staff negligence and an injury to adequately supervise children.

What Daycare Center Laws Apply in Texas?

Daycare facilities are governed by the Texas Department of Family and Protective Services. This organization keeps a hotline for reporting abuse in confidence at (800) 252-5400, conducts ongoing inspections of facilities to ensure compliance with regulations, and looks into accidents and suspicions of abuse.

Children in daycare facilities must be strictly supervised according to state regulations.

In addition to being physically close to the children being supervised and being aware of their needs, supervision also involves being responsible for their ongoing activities.

Infant supervision is governed by more stringent laws. Infants should typically be watched to make sure they don't get hurt. Call our daycare injury attorneys to discuss your family's rights if your child suffered a serious injury there. We will talk about your child's situation and explain how we defeat daycare facilities and providers in court.

What are the Daycare Center Regulations in Texas?

Here is a succinct list of the duties of the daycare centers:

  • Proper supervision of children and babies
  • Special procedures for infants and special needs children
  • Age-appropriate games and sporting activities
  • Qualifications of staff
  • The ratio of caregivers to children
  • Training of staff
  • Sanitation
  • Diet

What Function Does Child Protective Services Play Following a Daycare Injury?

Child Protective Services (CPS) will likely be informed of more serious daycare accidents and conduct an investigation to safeguard the child from future harm. CPS will investigate whether the daycare facility broke any rules. Even if CPS discovers a rule violation, the daycare center will typically only receive a warning.

The CPS frequently discovers no rule violation by the daycare center despite a child being hurt. Fortunately, the parents of the injured child are not subject to the Child Protective Services' conclusions. When Child Protective Services did not issue a rule violation citation to the center, we had won numerous daycare accident cases.

CPS will speak with the parents if the daycare denies that an accident happened there. Investigations into daycare centers are handled by CPS in Texas.

Your top priority should be to pick a lawyer who has experience handling cases involving daycare negligence. Hundreds of daycare negligence lawsuits were handled by us, and we won millions for our clients.

A daycare injury initial consultation is ALWAYS free of charge. Contact us by phone at (281) 587-1111 or send us an online consultation request.

What Rights Do I Have If My Child Gets Hurt at a Daycare?

If a minor child sustains injuries at a daycare facility as a result of carelessness or a lack of supervision, parents have the option of filing a personal injury lawsuit on behalf of their child.

A personal injury lawyer typically has to demonstrate that the daycare staff engaged in negligence and that the injury or death was a direct result of that negligence.

The same level of proof is necessary for wrongful death lawsuits as it is for any other personal injury lawsuit. Parents who lose a child may file wrongful death lawsuits to receive compensation for their losses, including medical costs and lost wages.

Texas courts, on the other hand, are mindful of the obligations placed on minors and make an effort to treat them fairly and look out for their best interests at all times. Additionally, we typically charge a lower rate when defending minors. It is only right to comply!

What are Texas's options for settlement with minors?
Typically, the court will order that the minor's funds be kept in the court's registry until they turn eighteen. Purchasing an annuity from a reputable insurance provider and having the proceeds paid to the child later in life is another option for handling the child's injury money. The preferred option for sizable daycare lawsuit settlements is an annuity option.

What are the deadlines for filing claims against daycare facilities?

In Texas, there is a two-year statute of limitations on the parents' claims. Before their children turn 18, parents frequently pay for their children's medical care.

In Texas, the statute of limitations for minors' claims (personal injury damages) may begin when they turn 18, giving minors until age 20 to pursue some damages.

To understand their window of opportunity and the potential scope of their claims, parents should speak with a daycare negligence attorney about both statutes of limitations.

Delaying the initial investigation or filing a lawsuit, however, can make a case much more difficult and, in some cases, impossible to prove due to the loss of pertinent information, such as lost witnesses and evidence, as well as the status of the daycare center. Delay may also restrict the family's ability to recover damages.

How Should I Respond If My Child Gets Hurt at a Daycare?

In the event that your child is hurt at daycare, you should take the following actions:

Taking care of your child's health and safety comes first.
The same procedures that apply to other personal injury lawsuits apply when filing a personal injury claim against a daycare facility for an injury to your child. The case is exempt when it is resolved or funded.
For a free consultation about your rights and options, contact our daycare injury law firm at (281) 587-1111!

*Assemble Proof *Find the Truth
As soon as you become aware of your child's injury at the daycare center, try to gather evidence. Texas requires parents to sign an incident report that the daycare center provides soon after the injury. To ensure that the center informs the parents of the incident, the report is necessary.

Keep the incident report and any other paperwork you completed or signed for the daycare facility. Also:

Request all incident-related videos.
Make a note of the staff's responses to your inquiries about what occurred and whether a video exists.
Place everything you gather in a folder.
Keep all business cards, especially medical bills, and any records the hospital or other healthcare providers have given you.
When you meet with us, you don't need to organize the information; just bring it all. To arrange a consultation, click here!

*Make a video or a photo.
If appropriate, take pictures or videos of your child. In personal injury cases, the adage "a picture is worth a thousand words" holds true. Showing the adjuster or a jury how the injury has affected your child is much more persuasive. Digitally archive all images and videos. Please send the images and videos to us so that we can store them on our system.

You should take these pictures, videos, or both to record the wounds:

At the scene or as soon as you are able, take photos of the area where the injury occurred. Afterward, take additional photos while your child is recovering.
To facilitate organization and trial presentation, keep the dates of the photos.

What Should You Do If the Daycare Is Uncooperative?

The daycare center frequently won't cooperate when you ask for a video of the incident or a more thorough evidence base for the accident.

Although Texas requires daycares to produce incident reports, we have repeatedly found instances where the reports do not accurately describe how the accident happened. We can assist if you run into issues getting the information to the daycare center.

It's a smart move to hire a daycare negligence lawyer with over 30 years of successful experience.

Frequently, it takes filing a lawsuit to make them produce the evidence and information needed to succeed.
📞 Call us at (281) 587-1111 to discuss your rights.


Over 35 Years of Defending Children Hurt in Daycare Facilities
For more than 35 years, Baumgartner Law Firm has fought for the rights of kids hurt at daycare. We are aware of the evidence required to support your claim, and we will exert every effort to make sure you receive the full amount of available damages.

We have a remarkable track record of success with Texas kids. We have a number of 6 and 7-figure settlements and have handled claims ranging from wrongful death to broken bones. Our daycare injury attorneys have won awards for being some of the best in the nation. We also care!

Which Daycare Injury Case Types Do We Handle?

We concentrate on serious injury cases because there are complicated legal requirements for settlements with minors. We deal with the following types of cases:

  • Fractures and broken bones
  • Cuts
  • Dislocations
  • Poisoning
  • Surgical intervention
  • Severe burns
  • Other serious injuries
  • Wrongful death

Due to our success in prevailing in daycare negligence lawsuits and securing sizable settlements for the injured child, other attorneys frequently refer to daycare injury cases.

How are lawsuits alleging negligence against daycare facilities handled?
Parents may want to file a claim for damages against the daycare when a child is hurt there in an accident.

Injury claims involving minors are handled differently in Texas than claims involving adults. Even when a settlement is reached for an injury to a minor, a lawsuit still needs to be brought. To safeguard the interests of the minor, a judge will appoint an attorney known as an ad litem to advise the court on the fairness of any settlement agreement.

Injury Daycare Lawyer

If the dispute is not resolved, the general procedural rules of litigation apply, and it is the family's responsibility to establish the daycare center's negligence and the resulting damages.
Under the minimum requirements for childcare centers in Texas, daycare centers are required to operate in accordance with safety regulations issued by the Texas Department of Family and Protective Services. For daycare negligence litigation, selecting an experienced attorney is crucial.

📞 Contact us at (281) 587-1111 for a free consultation right away.


Baumgartner Law Firm

6711 Cypress Creek Pkwy

Houston, TX 77069


[email protected]