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When a child is injured at a daycare in Montgomery, Texas, due to negligence, gathering the proper evidence is crucial for a successful personal injury claim. Daycares are regulated by the Texas Health and Human Services (HHS) Child Care Regulation (CCR) division. Still, violations of safety standards can lead to serious harm, such as fractures, burns, or emotional trauma. At Bivona Law, our Texas personal injury attorneys specialize in helping parents collect evidence to hold negligent daycares accountable. Below, we outline the key types of evidence needed for a daycare injury case.
1. Medical Records and Documentation
Medical documents are important to prove your child's injuries and the cause. When you get emergency medical care, be sure to obtain all hospital records, doctor's notes, treatment plans, prescriptions, and medical bills for injuries such as fractures, concussions, or bruising. These documents demonstrate the severity of the injury and establish a connection to the daycare incident, supporting claims for compensation for medical expenses and pain and suffering.
2. Photographs and Videos
In your situation, photographic evidence is an effective tool. As soon as possible, you should take detailed photos of any wounds your child has received, such as cuts, burns, swelling, etc. If you can safely access the daycare, photograph the scene of the incident, like unsafe playground equipment or cluttered areas that violate Texas safety standards (e.g., 35 sq. ft. per child indoors). Videos from daycare surveillance or security cameras, if accessible, can show how the incident occurred and potentially show negligence (e.g., lack of supervision).
3. Incident Reports and Daycare Records
Request a copy of the daycare's incident report, as required by Texas regulations for any injury. Compare the report to your child's account or witness statements for inconsistencies, which may indicate negligence, such as failure to maintain proper child-to-caregiver ratios (e.g., 1:4 for infants). Additionally, obtain records of the daycare's licensing history, staff training logs, or past violations from HHS to demonstrate patterns of neglect.
4. Witness Statements
Statements from witnesses, such as other parents, daycare staff, or children (if age-appropriate), can corroborate your case. For example, a staff member might confirm understaffing or untrained caregivers, while another parent might report similar safety concerns. Written or recorded statements detailing what they saw or heard about the incident can support claims of negligence, such as failure to follow Texas safety protocols.
5. Regulatory and Inspection Reports
You can obtain information about any violations daycare facilities have committed, like failing to perform background checks on employees, not training staff on emergency plans, or using unsafe facilities, through reports obtained from the Texas HHS Child Care Regulation division. You can file a complaint with HHS to initiate an investigation. You can request any prior inspection reports to see if the daycare has a pattern of frequent violations. The report could provide valid proof of a daycare facility's failure to adhere to the Texas Administrative Code standards while confident with your case.
At Bivona Law, we understand the challenges of building a daycare injury case in Montgomery, Texas. Our experienced personal injury attorneys assist by:
We are dedicated to protecting your child's rights and ensuring negligent daycares face accountability.
If your child was injured at a daycare in Montgomery, Texas, Bivona Law can help you gather the evidence needed to seek justice. Our skilled personal injury attorneys are ready to fight for your child's compensation. Schedule a free consultation today.
