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Texas Daycare Accident And Injury Lawyer

Texas Daycare Negligence and Injury Lawyer Brit Mitchell

Attorney Brit Mitchell Is Texas Top Rated Childcare Accident Lawyer, Call Her Today (866)434-0014.

As a working parent, you rely on childcare professionals and daycare centers for the care of your young children when you are at work. You expect, and in fact should expect, that daycare centers provide a safe and caring environment for your child. This includes your child remaining free from dangerous equipment, hazardous substances, and similarly unsafe situations that could result in serious bodily injury.

If your child has suffered harm at the hands of a child care employee, whether it be physical abuse, sexual abuse, verbal abuse or child neglect, we may be able to help you fight for the justice you and your children so rightly deserve.

Attorney Brit Mitchell is a Texas Daycare Accident Injury Lawyer that handles cases of child care negligence and abuse against childcare centers, pre-schools, and after-school programs. Brit holds childcare facilities fail to follow the regulations set forth by The Texas Department of Family and Protective Services. If your child was hurt within a daycare center and you believe neglect or abuse was a factor, contact attorney Brit Mitchell today. You can even ask to speak with him directly in a free confidential consultation. We’re here to help, and it shows in our results.

What is a daycare accident lawyer?

A daycare accident lawyer is an attorney who provides legal services on behalf of children who have been injured, physically or psychologically, as a result of the negligence of misconduct of childcare or afterschool facility. Daycare negligence attorney practice in the area of law known as tort law and are familiar with the standards of care childcare providers must abide under State Law. If you suspect your child was harmed while in daycare, you should consult with an experienced daycare negligence attorney without delay.  

What can a daycare accident lawyer do for me?

The first, and most important thing a daycare injury lawyer can do for you and your family is send an evidence preservation letter to the facility immediately after he or she is retained. Generally speaking, a case is only as good as the evidence. In accordance with Texas law, an evidence preservation letter, also called a spoliation letter, forces the facility to preserve any and all camera footage, digital evidence, receipts, records, and any additional information that could reasonably be related to the lawsuit.

A skilled Texas daycare injury attorney fully investigates the claim to ensure that your family can recover, physically, emotionally, and economically from accidents. A Texas daycare injury lawyer will also carefully document the facts of how your child was hurt and examine the full extent of safety violation caused or contributed to causing your child to be harmed.

Insurance companies often try to settle claims prior to a family realizing the extent of their child’s future needs. Attorney Brit Mitchell will pursue full compensation for your child and account for any additional treatment needs that might arise in your child’s future. We aid families each step of the way.

Additionally, Brit Mitchell and our team care for our clients in the following ways:

  • Communicate your child’s medical circumstance to the daycare and insurance company providing the facility general liability coverage

  • Contact you’re your child’s health insurance company to obtain copies of all medical liens

  • Assist your child in obtaining additional medical treatment, if needed

  • Help you file a case with the State Childcare Licensing Board

  • Identify the safety violations that occurred

  • Retain case experts familiar with the minimum standards of daycare centers and nursery schools

  • Negotiate a settlement on behalf of your child

  • File a lawsuit if in the State of Texas if negotiations break down

Schedule your consultation with attorney Brit Mitchell today to learn more about your rights and your child’s right to compensation.

Types of Childcare Negligence and Abuse Injuries

Injuries that occur within a daycare range in severity. Some children get injured and it only causes minor bruising or has no physical manifestation. However, negligent and unsafe daycare providers create a dangerous environment for children, resulting in a child suffering catastrophic injuries or life-altering disfigurement, or even worse, losing their life.  

Daycare injury claims include, but are not limited to, the following:

In 2020, more than 644 children suffered serious or near-fatal injuries while at daycare centers throughout Texas. If you child suffered any form of harm while under the care and supervision of a childcare service, you should speak with an attorney familiar with representing children in child injury lawsuits. 

What are some signs a child is being neglected or abused?

Children that are physically abused often show clear signs of trauma through bruising, cuts, or similar visible manifestations. However, it is tougher to detect that your child is being emotionally mistreated by a daycare worker. Emotional abuse, sometimes called psychological abuse, can involve a worker acting to scare, isolate, humiliate, reprehend, ignore your child, or engage in improper touching.

Signs of daycare abuse are often more subtle and generally are not covered by the daily news.

 

However, child abuse is a widespread child. The Texas Children’s Advocacy Center estimates that 195 children are abused each day, with nearly 70,000 children being abused by daycare providers each year.

Here are the things to look for to determine if your child is being neglected or abused within a childcare facility:

  • Withdrawal from friends

  • Changes in behavior

  • Hostility or angry outburst

  • Depression

  • Isolation

  • Quietness

  • Loss of self confidence

  • Loss of appetite

  • Reluctance to leave school

  • Not wanting to return to school

  • Attempts at running away

  • Self-harm

  • Suicidal thoughts

These are specific signs and symptoms that can aid a parent in detecting their child is being abused. However, please keep in mind that these are just warning signs, not clear evidence that abuse has occurred. Detecting these symptoms should prompt you to further look for reasons as to your son or daughters’ new behaviors, which could include requesting a meeting with the daycare director of the facility to discuss your child’s changes in emotional state, or clear signs of physical trauma.

Hold those responsible accountable for their actions. If your child is a victim of child abuse or neglect in a childcare facility, call a board-certified child injury and wrongful death lawyer today.

What should I do after my kid is hurt at daycare?

As a parent, you should engage in the following actions after your child in injured at a daycare of after-school facility in Texas: 

  1. Call the police and request an ambulance

  2. Get a copy of any incident report

  3. Contact your child’s pediatrician

  4. Collect the contact information of any witness

  5. Take photos of where the accident happened

  6. Photograph your child’s injuries

  7. Keep a journal of how your child is acting

  8. Ask to speak with the daycare director

  9. Ask the daycare director if anyone was reprimanded

  10. Request to see the camera footage.

  11. Visit the scene where your child was hurt

  12. Keep all medical records file of all bills and receipts

  13. Do not discuss the accident with an insurance adjuster

  14. Do not sign any paperwork from an insurance company

  15. Consult an experienced daycare injury lawyer before discussing the claim with the insurance company

Texas daycare laws and state regulations

Texas state law requires that daycares follow all minimum standards set forth by the Texas Health and Human Services Commission, which implements strict rules regarding; 

  • Proper baby and child supervision

  • Immunization and sanitation protocol

  • Age-appropriate games and sporting activities

  • Staff training guidelines

  • Safety procedures

  • Adequate supervision of special needs children

  • Diet safety procedures 

  • Record keeping standards

  • Teacher to student ration requirements

  • Field trip laws

  • Discipline and guidance rules

  • Rules regarding animals within the center

  • Indoor space requirements

  • Furniture and equipment rules

  • Indoor activity protections

  • Fire safety practices

  • Carbon monoxide detection, and more

Abuse or neglect of a child at the hands of a caregiver can have an everlasting effect on a child’s mental and physical well-being. As parents, we make difficult decisions every day regarding our children, especially regarding childcare. As the number of dual-parent working households increases, so too does the number of children in out-of-home childcare.
 

As of January 1, 2021, there are an estimated 856,238 daycare operators in the United States. A recent survey by the National Institute of Child Health Development rated the majority of these childcare facilities as “poor” or “fair.” Oftentimes the staff of these facilities is underpaid, overworked, and ill-trained to care for the children entrusted to them. Daycare injury lawyers can evaluate the training and staffing of these facilities.

How long do I have to file a personal injury claim against a childcare facility in Texas?

In Texas, the two years statute of limitations to file a lawsuit starts once your child reaches the age of 18. Therefore, no matter how young your child is on the date of injury, the clock on which a lawsuit must be filed to preserve their claim does not start until they reach the age of majority. This is particularly relieving to parents that are accustomed to the standard two-years for generally personal injury claims.

However, this extension should not be considered a reason to delay seeking the advice or a personal injury attorney. Key evidence starts to fade after any accident, the more time passes, the more difficult it becomes to prove the at-fault party was negligent. Don’t delay. Evidence needs to be properly preserved in order to strengthen your child’s right to recover compensation.

Finally, the sooner you file your claim, the more credible your claim is likely to appear before the court. For best results, contact a personal injury attorney as soon as possible to begin the filing process.

Furthermore, delay impacts the credibility of a claim, whether it is before an insurance company, mediator, judge, or jury.  

Who do I contact to report a daycare accident?

In Texas, the Department of Family and Protective Services Child Care Licensing regulates the licensing and operation of childcare facilities. As of 2021, there are estimated to be over 11,000 home-based and daycare centers operating throughout the state. DFPS Child Care Licensing promulgates minimum safety standards of childcare facilities as well as the appropriate training and professional development of caregivers as developed in conjunction with child development, safety, and education experts. Child health experts provide that the greatest cause of daycare injuries is a lack of supervision. Although the daycare environment is face-paced and might overwhelm teachers and aids, there is no excuse for a lack of oversight that leads to the injury of a child. Inadequate supervision is often caused by poor training, which are both safety violations and subject the center to legal liability. When kids are unsupervised or not adequately supervised, often children will get into trouble and unintentionally injure themselves.

How do I find a safe childcare facility for my child?

The first step to choosing a childcare provider is determining whether potential providers have a license from your state or local government. Licensing does not guarantee quality; however, it sets minimum requirements and ensures that programs are monitored for compliance with these requirements.

The second step to finding the best daycare for your child requires going to Texas Department of Family and Protective Services’ website where you can access online databases of facilities’ reporting history as well as research the regulations and licensing requirements of the various types of childcare facilities in Texas. If your child is injured while in the care of a facility, contact a daycare injury lawyer to investigate and protect your child’s rights.

Lastly, tour the schools. During a walk of the facility, you should ask questions regarding the steps the facility has taken to protect the health and wellbeing of each kid. You can also inquire about emergency protocols, how illnesses are managed, how medication is given out, who has access to the building throughout the day, and even what efforts have been done to make sure the playground is safe for children.

Contact Daycare Accident Lawyer Brit Mitchell Today

If your child was injured in a private daycare or after-school care center in Texas, contact the experienced call Brit Mitchell today. Attorney Brit Mitchell handles daycare negligence and abuse cases and will inform you of your legal options in pursuing a person injury lawsuit behalf of your minor child. A small oversight from a daycare worker could result in life-altering medical complications. Let us answer your questions, explain your rights, and inform you of your rights.

 

Brit and our child injury team help in HoustonDallas, San Antonio, Fort Worth, Austin, El Paso, and throughout the State of Texas. 

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