The Role of Surveillance Footage in Plano Daycare Injury Cases
When a child is injured at a daycare in Plano, Texas, determining what happened can be challenging. Surveillance footage often plays a critical role in uncovering the truth and proving negligence in daycare injury cases. At Bivona Law, we help parents utilize this powerful evidence to seek justice and compensation for their child's harm. We will help you explore how surveillance footage impacts daycare injury claims in Plano and how our experienced attorneys can assist.
Why Surveillance Footage Matters in Daycare Injury Cases
Many daycare facilities in Plano use cameras to monitor children and staff, providing a valuable record of events. Surveillance footage can be pivotal in injury cases for several reasons:
- Establishes the Cause of Injury: Video evidence can show exactly how an injury occurred, whether from a fall, equipment failure, or interaction with another child.
- Proves Negligence: Footage may reveal inadequate supervision, unsafe conditions, or staff in action, supporting a claim against the daycare for failing in its duty of care.
- Clarifies Conflicting Accounts: When staff, children, or witnesses provide differing stories, video can confirm the sequence of events and identify responsible parties.
- Supports Severity Claims: Visual evidence of the incident can demonstrate the extent of harm, strengthening arguments for compensation for medical costs or pain and suffering.
- Counteracts Denials: Daycares may deny fault, but footage can refute false claims and hold the facility accountable.
At Bivona Law, we work to obtain and analyze surveillance footage to build a compelling case for your family.
How Surveillance Footage Is Obtained
Accessing surveillance footage requires prompt action and legal expertise. Key steps include:
- Requesting the Footage: Ask the daycare for a copy of the video soon after the incident, as many facilities overwrite recordings after a short period (e.g., 30 days).
- Preservation Demand: A lawyer can send a formal letter to the daycare, requiring them to preserve footage and prevent deletion or alteration.
- Subpoena Power: If the daycare refuses to provide the video, Bivona Law can use legal tools like subpoenas to obtain it during the case.
- Chain of Custody: We ensure the footage is handled properly to maintain its authenticity and admissibility in court.
- Expert Analysis: We may consult specialists to review the video, identifying details like staff behavior or hazardous conditions that support your claim.
Acting quickly is critical, as delayed requests may result in lost evidence. Our team moves fast to secure this vital asset.
Challenges with Surveillance Footage
While powerful, surveillance footage can present challenges in daycare injury cases:
- Limited Coverage: Unfortunately, cameras do not always cover every area of the school, such as bathrooms or blind spots, which creates gaps in the evidence.
- Poor Quality: Low-resolution video or bad lighting can make it hard to make out certain key details about the incident.
- Footage Deletion: Daycares may intentionally or accidentally erase recordings, complicating efforts to prove negligence.
- Privacy Concerns: Facilities may resist releasing the footage, citing the privacy of other children requiring legal intervention to access it.
Bivona Law navigates these obstacles, combining footage with other evidence like medical records and witness statements to strengthen your case.
How Footage Impacts Compensation
Video evidence can directly influence the compensation you may receive in a daycare injury case. If the video shows clear negligence, you could be entitled to:
- Medical Expenses: Expenses associated with hospital visits, treatments, and ongoing care related to the injury.
- Pain and Suffering: Compensation for your child's physical pain and emotional trauma can be supported by visual evidence.
- Therapy Costs: Expenses for counseling if the incident caused fear, anxiety, or behavioral changes.
- Lost Wages: Reimbursement for income lost while caring for your injured child.
In Texas, parents have two years from the injury date to file claims for their damages, while claims for the child's damages can extend to two years after the child turns 18. We use the footage to maximize your award.
Trust Bivona Law to Leverage Surveillance Footage
At Bivona Law, we understand the critical role surveillance footage plays in Plano daycare injury cases. Our skilled attorneys, serving Plano and Texas communities, work diligently to secure video evidence, analyze it thoroughly, and build a strong claim for your child's justice. With a contingency fee approach, you pay nothing unless we win. We provide clear, dedicated support to ease your burden. Call us at (713) 360-7596 for a free consultation to explore your options today.