Can I Sue a Daycare in College Station for Emotional Trauma? 

Understanding Emotional Trauma in Daycare Settings 

If your child has suffered emotional trauma at a daycare in College Station, TX, you may be wondering if you can sue for damages. Emotional trauma, such as fear, anxiety, or post-traumatic stress disorder (PTSD), can have lasting effects on a child’s well-being. At Bivona Law, our experienced attorney Drew Bivona, specializes in child injury cases and can help you seek justice if a daycare’s negligence caused your child’s emotional distress. 

This page explains when you can sue a daycare for emotional trauma, the legal process, and how Bivona Law supports families in College Station. 

 

Can You Sue a Daycare for Emotional Trauma in Texas? 

In Texas, you can sue a daycare for emotional trauma if you can show that the daycare's negligence or intentional wrongdoing caused your child's distress. Emotional trauma cases are quite complicated because you need to prove there was trauma, and that the daycare did not follow the safety regulations set by the Texas Health and Human Services Commission (HHSC). Some possible scenarios include:  

  • Negligent Supervision: Lack of oversight leading to bullying, isolation, or exposure to traumatic events. 
  • Abuse or Neglect: Verbal, emotional, or physical mistreatment by caregivers causing fear or anxiety. 
  • Unsafe Environment: Exposure to hazardous conditions, like witnessing accidents due to unmaintained facilities. 
  • Failure to Report Incidents: Failure to inform parents about traumatic events, when to intervene, and worsening stress, Bivona Law can investigate if any of the daycare criteria applied.  

Bivona Law can investigate whether daycares violated HHSC standards, contributing to your child’s trauma. 

 

Signs of Emotional Trauma in Children 

Emotional trauma can oftentimes be difficult to spot in young children. These are some examples you can look for after the incident at daycare:  

  • Behavioral changes, such as aggression, withdrawal, or clinginess. 
  • Fear of returning to daycare or specific caregivers. 
  • Nightmares, sleep disturbances, or bedwetting. 
  • Anxiety, excessive crying, or fearfulness in new situations. 
  • Regression in developmental milestones, like speech or toilet training. 

When you recognize these signs, get a professional evaluation from a child psychologist and contact Bivona Law to discuss your legal options right away.  

 

How to Prove Emotional Trauma in a Lawsuit  

To hold a daycare legally accountable for emotional trauma in College Station, you must also prove the following:  

  • Negligence or Misconduct: That the daycare violates the HHSC standards, such as providing supervision or safe facilities, and this conduct caused the trauma.
  • Causation: That the daycare caused the emotional trauma you suffered (specifically, the daycare's actions or failures to act caused your child's emotional distress).
  • Damages: Proof of emotional trauma that is documented through medical records, therapist records, and expert testimony about your child's emotional trauma.  

Evidence may include: 

  • Incident reports from the daycare.
  • Witness statements from staff or other parents.
  • Medical or psychological evaluations documenting trauma.
  • Surveillance footage, if available, showing the incident or conditions.
  • HHSC inspection reports showing prior violations. 

Bivona Law can help gather this evidence, leveraging our experience to build a strong case.

 

Compensation for Emotional Trauma 

You can receive compensation in Texas for emotional distress including:  

  • Medical Expenses: Including therapy and counseling and/or psychiatric care.
  • Emotional Distress: Compensation for pain, fear, or anxiety caused by the trauma.
  • Future Care Costs: Ongoing treatment for long-term effects like PTSD.
  • Parental Losses: Time off work or expenses related to addressing the trauma. 

Texas has a two-year statute of limitations for most child injury cases, starting from the date of the incident. Exceptions may apply, so contact Bivona Law promptly to protect your rights. 

 

Texas Daycare Safety Standards and Emotional Trauma 

College Station's daycares must follow the HHSC’s Minimum Standards for Child-Care Centers, (Chapter 746) regarding:  

  • Supervision: Constant visual and auditory oversight to prevent traumatic incidents.
  • Staff Training: Staff are trained to detect when a child is in emotional distress, and what to do.
  • Incident Reporting: Immediate parental notification and detailed reports for any incident, including those causing emotional harm.
  • Safe Environment: Facilities free of hazards that could lead to traumatic experiences. 

Some standards, such as supervision and immediate reporting, will establish a case to prove that Child Care Center committed an "outrageous act" to allow emotional trauma to a child. Bivona Law will review the HHSC records to see if there are violations.  

 

Why Choose Bivona Law? 

At Bivona Law, we are dedicated to protecting College Station families. Our services include: 

  • Free Consultations: Discuss your case at no cost.
  • No Fees Unless You Win: We only get paid if you receive compensation.
  • Compassionate Support: We handle insurance negotiations and coordinate medical care to ease your burden.
  • Transparent Advocacy: Our motto is “No runaround, no legal mumbo jumbo”—just honest, hard work. 

With a deep understanding of Texas daycare regulations, we help families hold negligent facilities accountable. 

 

Frequently Asked Questions 

Can I sue if my child shows no physical injuries? 

Yes, emotional trauma alone can be grounds for a lawsuit if caused by daycare negligence. Evidence like therapist reports is key. 

How do I know if the daycare is at fault? 

Bivona Law can investigate whether the daycare violated HHSC standards or acted negligently, using records and witness statements. 

What should I do if I suspect emotional trauma? 

Seek a psychological evaluation, document changes in your child’s behavior, and call Bivona Law at (832) 219-1621for a free consultation. 

 

Contact Bivona Law Today 

If your child has sustained emotional trauma at a College Station daycare, don't delay in seeking justice. Bivona Law assists families in College Station, Bryan, Houston, Austin, and San Antonio. Let us help you obtain the recovery you deserve and safeguard your child's future. Call (832) 219-1621! 


(713) 360-7596(936) 251-6590
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create and receipt or viewing does not constitute a client relationship.
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