Settling vs. Going to Trial in Leauge City Daycare Injury Lawsuits

When a child is injured at a daycare in League City, Texas, the physical, emotional, and financial toll on a family can be overwhelming. If the injury resulted from negligence, such as inadequate supervision or unsafe conditions, you may be entitled to seek compensation through a personal injury lawsuit. At Bivona Law, we specialize in helping families navigate daycare injury cases to secure the compensation their child deserves. Below, we outline the types of compensation you can seek for a daycare injury in League City and how we can assist you. 

Types of Compensation for Daycare Injuries 

In Texas, there are two primary types of compensation for personal injury cases, including falls and injuries sustained in daycare centers: non-economic damages and economic damages. Punitive damages may also be pursued, depending on the situation. Below is a summary of things you can look for:  

Economic Damages 

Economic damages cover tangible financial losses resulting from your child’s injury. These include: 

• Medical Expenses: Costs for emergency care, hospital stays, doctor visits, surgeries, medications, physical therapy, and any other medical treatment related to the injury. For example, if your child suffered a broken bone at daycare due to a fall from an unsafe play structure, you can seek reimbursement for these expenses. 
• Future Medical Costs: If your child’s injury leads to long-term or lifelong medical needs, such as ongoing therapy or specialized care for a traumatic brain injury, you can seek compensation for anticipated future costs. 
• Lost Wages for Parents: If you had to take time off work to care for your injured child or attend medical appointments, you may be able to recover compensation for lost income. 
• Out-of-Pocket Expenses: This category covers expenditures for items such as transportation to doctor's appointments, assistive technology (including wheelchairs or crutches), and other costs directly related to the injury.  

Non-Economic Damages 

Non-economic damages cover intangible losses that have a substantial influence on your child's quality of life but don't have a monetary value. These consist of:  

• Pain and Suffering: Compensation for the physical pain and discomfort your child endured due to the injury. For instance, if your child suffered a severe burn at daycare, this could cover their physical suffering. 
• Emotional Distress: Compensation for psychological impacts, such as anxiety, fear, or trauma caused by the injury. A child injured in a daycare incident may develop a fear of attending similar facilities, which can be taken into consideration when calculating damages. 
• Loss of Enjoyment of Life: If the injury prevents your child from participating in activities they previously enjoyed, such as sports or playtime, you may seek compensation for this loss. 

Punitive Damages 

In some instances, if the daycare was grossly or willfully negligent, you could recover punitive damages. For example, if the daycare was aware of but didn't correct a hazardous situation that resulted in your child's harm. Punitive damages are less common and demand substantial proof of blatant conduct.  

Factors Affecting Compensation in League City Daycare Injury Cases 

The kind and amount of compensation you are entitled to will depend on the particulars of your situation.   

• Severity of the Injury: More severe injuries, such as fractures, concussions, or permanent disabilities, typically result in higher compensation due to increased medical costs and long-term impacts. 
• Evidence of Negligence: You must demonstrate that the daycare was negligent, such as by failing to provide children with proper supervision or by keeping the facilities unsafe, to obtain compensation. Your claim is strengthened by substantial proof, such as witness accounts or incident reports.  
• Insurance Policy Limits: Many daycare injury claims involve the facility’s insurance company. The daycare’s insurance policy limits may cap the amount of compensation available. However, additional recovery may be possible in some cases. 
• Texas Statute of Limitations: In Texas, you generally have two years from the date of your child’s injury to file a lawsuit. Missing this deadline could prevent you from seeking compensation, so acting promptly is essential. 

How Bivona Law Can Help Maximize Your Compensation 

To successfully navigate a daycare injury claim in League City, you must have a solid understanding of both the particulars of your child's case and Texas personal injury law. Our goal at Bivona Law is to help families obtain the full amount of money to which they are entitled. This is how we can help:  

•  Case Evaluation: To identify the kinds of compensation you may be eligible for, we will evaluate the specifics of your child's injuries, including the extent of damages and the daycare's liability.  
• Evidence Gathering: Our lawyers will gather relevant evidence, including medical records, accident reports, and witness testimony, to build a strong case for maximum recovery.  
• Negotiation with Insurance Companies: We’ll handle all communications with the daycare’s insurance provider to ensure you receive a fair settlement that reflects the full scope of your child’s damages. 
• Coordination of Medical Care: We’ll help connect you with medical professionals to ensure your child receives proper treatment, which also strengthens your claim for current and future medical expenses. 
• Trial Advocacy: If a fair settlement isn’t possible, we’re prepared to take your case to trial, presenting a compelling case to secure the compensation your child deserves. 

Why Act Quickly? 

Daycare-related injuries to children can have long-term effects, such as mental distress and medical expenses. In addition to ensuring that you comply with Texas's two-year statute of limitations, pursuing compensation as soon as possible helps protect essential evidence, such as security footage or witness accounts. Early consultation with our skilled child rights lawyer can have a significant impact on how your case turns out.  

Let’s Talk About Your Case 

At Bivona Law, we’re dedicated to being the voice for kids injured in League City daycares. We are here to ease the process since we recognize the difficulties families encounter following a child's injury. For a free consultation to discuss your daycare injury case, get in touch with us right now. Contact us by completing our online form. We only get paid if you get paid!