Houston Caretaker Negligence Lawyer

If your child sustained injuries due to a caretaker’s negligence, do not hesitate to contact Bivona Law. You can pursue a personal injury case for compensation from the at-fault party. 

Whether you drop off your child at daycare, school, or another facility, expecting the employees to provide adequate care is normal. Children, especially infants and toddlers, are vulnerable to injuries. Staff must supervise them to prevent accidents and promptly address issues that arise.

Bivona Law understands the devastation of learning your child’s injury is due to someone else’s wrongdoing. You trusted another person to watch over your kid, and they failed. Since minors can’t legally bring action against others, it is your right to file a claim or lawsuit on their behalf.

Call Bivona Law today at 832.835.6491 for a free consultation with our experienced Houston caretaker negligence lawyer.

Common Types of Caretaker Negligence

School districts, daycare centers, and other facilities must provide safe environments for children. Caretaker negligence often arises from circumstances such as:

•  Inadequate or lack of supervision
•  Improper facility maintenance
•  Failure to respond to emergencies appropriately
•  Poorly trained employees
•  Lack of safety protocols
•  Allowing access to toys, playgrounds, sporting equipment, and other defective products
•  Not reporting instances of bullying, abuse, and other misconduct
•  Inadequate staff-to-child ratio
•  Abuse and neglect
•  Ignoring special dietary requirements, such as lactose intolerance and peanut allergies
•  Hiring new staff without conducting thorough background checks

Common Child Injuries from Caretaker Negligence

Negligence can lead to various accidents at a school, daycare, camp, or another facility. A child might slip on a recently mopped floor in the cafeteria and break their ankle or get a concussion from hitting their head on the floor. An infant can choke on a small toy part if the caretaker doesn’t monitor them while they’re playing.

Numerous injuries can result from caretaker negligence, such as:

•  Broken bones
•  Internal bleeding
•  Lacerations
•  Burn injuries
•  Spinal cord injuries
•  Asphyxiation
•  Suffocation
•  Traumatic brain injury
•  Infections
•  Paralysis
•  Organ damage and failure
•  Electrical shock
•  Illnesses from exposure to toxic substances
•  Psychological trauma
•  Nerve damage

If abuse or neglect occurs, there are multiple warning signs you should look for, such as:

•  Leaving daycare with a dirty diaper consistently
•  Insomnia and other sleeping problems
•  Unexplained bruises, cuts, and other injuries
•  Withdrawal from family, friends, and favorite activities
•  Dehydration or malnutrition
•  Sudden developmental delays
•  Depression, anxiety, and other new or worsening mental illnesses
•  Lethargy
•  Appearing fearful around a specific individual or on the way to daycare, camp, or school

Who You Can Hold Liable for a Child Neglect Injury

Parties often involved in caretaker negligence cases include:

•  Public schools
•  Private schools
•  Daycare centers
•  Camps
•  After-school programs
•  Recreational facilities

You can pursue a case against the negligent caretaker or their employer for compensation for your child’s injury. However, sovereign immunity protects governmental units from lawsuits. Public schools are considered governmental units and are subject to immunity laws. Holding your child’s school district liable for an injury can be challenging.

You might be able to file a lawsuit under the Texas Tort Claims Act. It allows cases against governmental units if:

•  An employee acting within the scope of their employee causes someone’s injury due to negligence or a wrongful act or omission;
•  The injury happened while the employee operated or used a motor-driven vehicle or motor-driven equipment; and
•  The employee would be personally liable for an injury if they were a private individual instead of a government employee.

Compensation for Injuries from Caretaker Negligence

As your child’s parent or legal guardian, you can pursue legal action on their behalf by filing an insurance claim or lawsuit. The compensation you recover might pay for:

•  Mental anguish your child endured after the accident
•  Hospitalization, assistive medical devices, imaging tests, and other medical expenses necessary to treat the injury
•  Lost earning capacity if your child can’t seek employment in the future due to a disability or permanent impairment
•  Pain and suffering experienced by your child
•  Damage to personal property

You can also seek exemplary damages in a lawsuit against the negligent caretaker or facility. You must provide clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud to be granted this award.

Minors can’t collect personal injury compensation. Someone else must manage the money until the child turns 18. Parents get a say in how to distribute the funds from a settlement or verdict.

Available options include:

•  Court registry – You can direct the award to a court registry. The money will stay with the registry until your son or daughter reaches legal age.
•  Annuity or trust – You might feel more comfortable setting up an annuity or trust if you worry about how your child will spend the money. The funds can be distributed on a schedule you choose, such as weekly or monthly, once they turn 18. You can also allow funding at specific ages or for expenses like college tuition.

Statute of Limitations for Child Injuries

In Texas, the statute of limitations for child injury cases allows a two-year timeframe for filing a lawsuit. That means you have two years from the date of your child’s injury to initiate a lawsuit.

Alternatively, if you want your child to bring legal action, they can wait until they’re an adult. The statute allows a minor to file a lawsuit within two years of the date they turn 18.

Why Hire Bivona Law?

At Bivona Law, our Houston caretaker negligence lawyers handle our client’s cases with care from start to finish. We can help you find surgeons, hospitals, imaging centers, and other medical providers and facilities in convenient locations to avoid traveling far from home. We will also provide insurance information, so the facilities bill the correct insurance company for the services.

You have enough on your plate. Getting your child the care they need should be your priority. You can depend on us to handle everything else, such as:

•  Filing an insurance claim and negotiating a settlement with the insurance carrier
•  Reviewing hospital liens and negotiating for reductions to lower the final balance
•  Requesting copies of your child’s medical records and bills
•  Negotiating with medical providers to save you money on unpaid bills
•  Hiring various experts to support your case and testify in court
•  Filing a lawsuit if the insurer denies the claim or won’t settle for an adequate amount

Get Help with Your Child Injury Case

As a parent, you want to protect your child and prevent unnecessary suffering. However, you can’t control others’ actions to keep your child safe. Someone you depended on didn’t fulfill their duties and should be held accountable.

At Bivona Law, we have the resources and experience to fight for the justice and compensation your child deserves. Call us at 832.835.6491 for a free consultation if caretaker negligence caused your child’s injury.