Your Rights as a Parent in a Humble Daycare Injury Lawsuit

As a parent, learning that your child has been injured at a daycare in Humble, Texas, can be heartbreaking and overwhelming. Understanding your legal rights is essential to ensure your child receives the compensation and justice they deserve. Daycare facilities are legally obligated to provide a safe environment. When they fail, you have the right to hold them accountable. At Bivona Law, we are committed to advocating for families in Humble in cases involving daycare injuries. Below, we outline your rights as a parent, provide additional context on pursuing a lawsuit, and explain how we can assist you.  

Your Legal Rights as a Parent 

If your child suffered injuries at a daycare due to negligence, you have various rights under Texas law to protect your child and obtain a remedy. These rights include:   

1. Right to Seek Compensation for Your Child’s Injuries

You have the right to file a personal injury lawsuit on behalf of your child to recover damages that resulted from the daycare’s negligence. These damages may include:  

• Medical Expenses: Costs for emergency care, hospital stays, surgeries, medications, physical therapy, or other treatments related to the injury. For example, suppose your child suffered a concussion from a fall. In that case, you can seek reimbursement for diagnostic tests and follow-up care. 

• Future Medical Costs: Compensation for ongoing or lifelong medical needs, such as rehabilitation for a spinal injury or therapy for emotional trauma. 

• Pain and Suffering: Compensation for your child’s physical pain and emotional distress, such as anxiety or fear caused by the incident. 

• Loss of Enjoyment of Life: Damages for activities your child can no longer enjoy, such as playing sports or attending social events, due to their injury. 

• Parental Lost Wages and Expenses: Reimbursement for income lost while taking time off work to care for your child or attend medical appointments, as well as out-of-pocket costs like travel to medical facilities.  

2. Right to Hold Negligent Parties Accountable

You have the right to pursue legal action against any party responsible for your child’s injury. Potentially liable parties include: 

• The Daycare Facility: For failing to maintain safe premises or comply with Texas childcare regulations. 

• Staff Members: For inadequate supervision, improper discipline, or negligence, such as failing to monitor children during outdoor play. 

• Third-Party Contractors: For example, a transportation company whose driver causes an accident or a maintenance firm that neglects to repair hazardous equipment. 

• Manufacturers: If defective products, like a poorly designed crib or unsafe toy, caused the injury, you can pursue a product liability claim. A lawyer can investigate to identify all responsible parties and ensure you seek compensation from every applicable source.  

3. Right to a Safe Environment for Your Child

According to Texas law, daycare providers must follow exact safety procedures established by the Texas Health and Human Services Commission (HHSC). This includes the staff-to-child ratio, employee training, background checks, and facility safety. As a parent, you have the right to expect that the daycare for your child is following those safety procedures. If a violation, such as insufficient staffing or unaddressed hazards like broken playground equipment, leads to an injury, you can use this as evidence in your lawsuit. 

4. Right to File a Lawsuit Within the Statute of Limitations

In Texas, you generally have two years from the date of your child’s injury to file a personal injury lawsuit, known as the statute of limitations. However, when it comes to minors, more extended periods of time may apply in certain exceptions, such as tolling the statute until the child turns 18 in specific situations. Seeking a lawyer promptly will help clarify which deadlines apply, and you do not want to miss the opportunity to seek compensation.   

5. Right to Information About the Incident

You have the right to request information from the daycare regarding your child's injury. This includes the following:  

• Incident Reports: A record of the incident that details what transpired and who was involved.  

• Surveillance Footage: If the daycare has security cameras, you can request access to relevant footage. 

• Staff Records: Information on employee qualifications, training, and background checks. 

• Safety and Maintenance Logs: Records showing compliance with safety protocols or evidence of neglected repairs. Daycares may be hesitant to provide this information. Still, a lawyer can use legal tools, such as subpoenas, to obtain it.  

6. Right to a Free Consultation

You have the right to consult with an attorney at no upfront cost to evaluate your case. At Bivona Law, we offer free consultations to assess your child’s injury and determine whether you have a valid claim. We work on a contingency fee basis, meaning we only get paid if you receive compensation, ensuring no financial risk to you. 

7. Right to Transparency and Communication

You have the right to clear, honest communication from your attorney and the daycare. This includes understanding your legal options, the progress of your case, and any settlement offers. You also have the right to expect the daycare to promptly report injuries and cooperate with investigations, as required by Texas childcare regulations.  

Common Causes of Daycare Injuries in Humble 

Injuries sustained in daycare facilities generally result from avoidable neglect, and by identifying these causes, you can recognize when a violation of your rights has occurred. Examples of when potential negligence can occur include:  

• Inadequate Supervision: A child left unsupervised during an activity, resulting in a fall, collision, or fight.  

• Unsafe Facilities: Damaged playground equipment, exposed electrical wires, or wet floors.  

• Staffing Issues: Insufficient staff, lack of training certifications for caregivers, or violations of HHSC-required staffing ratios.  

• Negligent Practices: Failure to address food allergies, improper handling of children, or lack of emergency preparedness. 

• Defective Equipment: Injury caused by hazardous toys, cribs, or playground equipment. If your child's injuries were caused by defective equipment, you can file a lawsuit for the daycare's negligence.   
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Additional Considerations in a Daycare Injury Lawsuit 

Bringing a lawsuit for a daycare injury involves aspects that can affect your legal rights:  

• Proving Negligence: To succeed, you must show that the daycare facility breached its duty of care, resulting in your child’s injury. You will need to provide evidence to support this, such as incident reports, witness statements, or expert testimony.  

• Insurance Companies: Many daycare injury claims involve negotiations with the facility’s insurance provider, which may attempt to minimize or deny your claim. A lawyer can counter these tactics to secure fair compensation. 

• Emotional and Financial Impact: Beyond physical injuries, your child may suffer emotional trauma, such as fear of returning to daycare. You have the right to seek compensation for these non-economic damages, as well as financial losses like medical bills. 

• Public Accountability: By pursuing a lawsuit, you may expose unsafe practices at the daycare, potentially preventing future injuries to other children.  

Why Acting Quickly Is Essential 

To exercise your rights, you must act promptly to ensure the evidence is preserved and to meet Texas’s two-year statute of limitations (or any applicable exceptions that may exist for minors). Waiting any period of time after the child is injured may lead to evidence being lost (such as surveillance film or witness memories), which can only weaken your case. If you consult with a lawyer early on, you will protect your rights and increase your chances of a successful outcome.   

Take Action to Protect Your Child’s Rights 

As a parent, you have a right to seek justice for your child who was injured at daycare in Humble. We at Bivona Law are here to help you with care and compassion, and to ensure that those responsible are held accountable for your child’s injury. Please call us today to schedule a free consultation at (832) 219-1621 or by completing our online contact form. We only get paid if you do, so you have nothing to lose. We want to fight for your child’s future.