For many parents living in Bellaire, Texas, the choice of sending their child/children to a daycare or childcare program is based on their understanding of what is expected from daycares/childcare programs - namely, that they provide a safe environment for their child and treat them professionally. However, when a child suffers a serious injury in a daycare/childcare facility because of someone else's negligence (such as a broken bone, a serious cut, a head injury, or an emotional injury), trust is broken. Serious injuries also have long-lasting effects on both the child and the negligent daycare/childcare facility. Serious Injuries can lead to large amounts of medical bills (often requiring multiple surgeries) as well as long-term therapy and psychological harm that may last for years.
The goal of taking legal action following these horrible incidents is clear: to hold the negligent daycare/childcare facility or caregiver accountable for its negligence and to obtain full compensation for the injured child's current and future needs. Texas law provides a unique and comprehensive way for parents to seek damages from negligent daycare/childcare facilities and caregivers, recognizing that an injury to a developing minor will affect his/her life now and into the future.
We represent children harmed due to daycare facility negligence in Bellaire and other areas of Houston. Drew Bivona, The Voice for Kids, leads our firm to ensure that each child’s right to receive the maximum possible compensation is protected throughout the comprehensive investigation and the court-approved resolution of the Child’s case.
Before any compensation can be awarded in a Texas daycare injury case, the family must prove that the daycare facility or its employee was negligent and that this negligence directly caused the child's injury.
Daycares operate under a heightened duty of care toward children. This duty requires them to proactively prevent foreseeable harm by adhering to strict regulations set by the Texas Department of Health and Human Services’ Child Care Licensing (CCL) division.
A civil claim for compensation against a daycare asserts that this duty was breached through actions such as:
If we can prove that the Day Care Center breached its duty and that the breach caused the child's injury, we will be able to hold the Day Care Center liable for the injury and therefore be entitled to recover full and complete damages.
In a personal injury case involving a child in Texas, the compensation sought is divided into three main categories of damages: Economic, Non-Economic, and, in certain severe instances, Exemplary (Punitive) damages. The legal framework for these categories is found in the Texas Civil Practice and Remedies Code.
Economic damages are tangible losses with a clear monetary value that can be calculated from bills, invoices, and financial projections. In child injury cases, these damages are particularly complex because they often extend over decades.
This is typically the largest component of an economic claim. It covers all expenses incurred from the moment of the injury forward, including:
Costs associated with home modifications, adaptive technology, and specialized nursing or therapeutic care that the child may require for the rest of their life.
If the injury causes cognitive deficits or learning disabilities, compensation covers the cost of private tutors, specialized educational programs, or educational support services not fully covered by the public school system.
Parents often have to take time off work or even leave their jobs entirely to care for an injured child. Compensation can include the wages lost by the parents and other out-of-pocket expenses directly related to the child’s care and recovery.
In cases where a catastrophic injury results in a permanent disability that diminishes the child’s ability to work or earn a living as an adult, compensation must be secured to cover this lifetime loss of income and earning potential.
Non-economic damages address the intangible, subjective losses that deeply impact the child’s life but do not come with a bill. Texas law recognizes the profound value of these losses for an injured child.
Exemplary damages (also called punitive damages) are awarded not to compensate the child for any losses, but rather to punish the defendant for his/her extreme misconduct and to deter him/her from repeating such acts in the future.
In Texas, a claimant is required by law under the Texas Civil Practice and Remedies Code to prove, with clear and convincing evidence, that the harm was caused by the defendant's fraud, malice, or gross negligence to recover exemplary damages. In cases involving injuries in a daycare, in order to receive exemplary damages, the claimant must generally prove that the daycare was grossly negligent, meaning that there was an act or omission by the daycare that posed an extremely high risk of harm, and that the daycare was aware of that risk at the time it occurred, but acted with a conscious disregard for the safety of children. Examples of gross negligence include repeated, intentional violations of safety standards or hiring an employee with a known history of dangerous behavior.
One of the significant differences between Texas Child Injury Settlements and personal injury settlements for adults is that minors lack the capacity to safely manage huge sums of money or execute any contracts. For this reason, the courts are required to approve all large settlements and awards, even if the money is for a minor.
This type of process is often called a "friendly suit," as the judge will conduct an official hearing to review the Proposed Settlement Terms and ensure the settlement is in the child's best interests. The Judge will review the child's medical records, the proposed compensation amount, and the method used to manage the funds.
Often, the court will appoint an independent attorney, known as a Guardian Ad Litem, whose sole duty is to advise the judge on whether the settlement is fair and adequate for the minor. This ensures an impartial third-party review of the case value and the settlement terms.
To avoid any mismanagement of the monetary award until the child reaches the age of consent, the award does not go directly to the child's parent. The court has mandated certain safeguards for these awards.
Bivona Law has established its expertise in developing personalized solutions in collaboration with financial professionals, tailored to your child's medical and developmental needs.
The process of seeking compensation from a negligent daycare facility is challenging. You will face resistance from corporate insurance carriers whose primary goal is to minimize the payout, not secure your child’s future. They may attempt to blame the child, argue that the injury was pre-existing, or claim their policy limits are insufficient.
Drew Bivona, The Voice for Kids, and the team at Bivona Law are prepared for these tactics. We focus exclusively on the rights of injured children, leveraging deep knowledge of Texas daycare regulations and personal injury law to build an unassailable case for maximum compensation.
Our commitment to you includes:
A child’s injury at a Bellaire daycare is a profound violation of trust. Let us take on the legal fight while you focus on your child’s healing.
If your child has been injured due to daycare negligence, you have a limited time to act, especially for the recovery of your immediate medical expenses. Contact Bivona Law today for a free, confidential case evaluation and begin the path toward securing the full compensation your child needs for a protected and healthy future.
Call us today and let The Voice for Kids be your voice for justice.
