Daycare Injury Episode
All throughout America, there are 7.6 million children under the age of 18, or 70% of the population, that live with two parents. Another 22% live with their just their mothers and 8% are living with their fathers or other relatives. Many families throughout Houston, TX need a reliable and experienced daycare injury lawyer to ensure the safety of their children while they are away on business or on vacation.
Unfortunately, children do sustain injuries at daycare no matter how responsible the caregiver may be. Daycare accidents happen more often than we would like. Most often these accidents cause a child’s injury without any direct intention from anyone. It could be that a child was running and had a tumble or the child was playing enthusiastically which resulted in a getting a wound.
Even worse is when the caregivers responsible were negligent. In a report back in 2016, reported by USA Today, there were 24 children died in childcare centers from abuse and neglect.
Either way, a child that suffered in an accident needs medical treatment. Some of which are serious that need ongoing and specialized medical attention. All of which would result in pain and suffering and high costs in medical bills.
No parent should have to worry about their child being harmed while in the care of another — not only is it heartbreaking to go through but also unexpected medical costs can add even more stress onto already difficult situations.
If you find yourself needing legal assistance for issues related to daycare injuries in Houston, TX, our team of dedicated attorneys is here for you with experience handling this exact kind of case.
Children’s Rights to Care
The United Nations, which includes the United States of America, has agreed to the Convention on Children’s Rights. It includes a child’s right to protection, the right to no discrimination, the right to freedom and thought, and many more.
These are the general rights that each of those countries agreed to. Each country has its own set of policies on how to enact these rights. It’s based on the country’s policymakers and capacity to finance the needed infrastructures in place.
For example, every single child in the United States of America has the fundamental right to care. Each child has a right to basic needs such as food, shelter, primary healthcare, and education.
This means every child must have access to clean and healthy food. They should be taken into homes or have protection from any type of weather. If they are sick, they should be given the right medical treatment. Plus, each child should have the opportunity to learn.
Thus, in America, there are state-provided food and shelter, such as child and family shelters. When it comes to education, there are public schools in every district. Scholarships are also given to those who need and deserve them the most.
Additionally, each child has the right to a loving and nurturing family. This love and nurture also extend to any person who has the duty of care for that specific child.
In the U.S., the state has approved policies on child abuse investigations. When it comes to a daycare facility, each state has a licensing process that ensures all needed measures that benefit children are in place.
For children’s care centers in Texas, the Health and Human Services department has a detailed process for its licensing regulations. Each facility has to pass the State’s minimum standards. Plus, every person in childcare operations must pass background checks and standard qualifications before they are even allowed to interact with children. These processes ensure that there is less risk of any child being hurt at daycare.
What to do if your child is injured at daycare
Despite all the precautions of a State-approved Daycare facility, there are still instances when your child could be injured. In these cases, it’s important to know what you have to do to ensure your child’s safety and to hold the care facility and its staff accountable. Here are some of the steps:
Get Medical Attention
First and foremost, get your child the medical attention they need. Whether it’s a light or serious injury, get the necessary help from medical professionals.
If it’s a wound or less than serious injury, the childcare facility should’ve applied some first aid solutions. However, make sure to check and do additional first-aid responses once your child is home.
For serious injuries, the daycare should’ve followed emergency protocols and rushed your child to a nearby hospital. If these actions were not done by the daycare facilities, then there could be serious daycare negligence. If so, then the daycare should be held responsible and accountable.
Document Your Child’s Daycare Injury
After getting medical treatment, take photos of your child’s injury. This will help with any insurance claim or personal injury claim. Beyond that, documenting your child’s injury can help you check for its healing.
When able, ask your child what happened and take note of what they say. If the accident happened without you around, it’ll be easier to understand what happened through your child’s narrative. Of course, it’s also important to ask what happened through the daycare staff to get the big picture of the accident.
Contact Potential Witnesses
Understanding what happened in the accident would be easier if you also gather statements from witnesses who were present at the time and place of the accident. Whether it’s another daycare staff, parent, or child, it would be best if you could also ask them about the accident and get their feedback from their point of view.
File an Incident Report
Another crucial step is filing an incident report. After gathering the necessary information, file an incident report with your insurance company and the daycare facilities.
It’s important not to wait too long to file an official report. Getting a clear picture and putting all relevant details of the accident on the report is a priority. Thus, if you wait too long, people’s memories of the accident might fade or a different version of events will be given due to forgetfulness.
Discuss the report with your daycare injury lawyer
Get legal help from an experienced daycare injury attorney. Talking to someone who has experience in dealing with insurance companies and daycare facilities in terms of the legal repercussions of a child’s daycare injury.
Hire Roxell Richards Law Firm for your child care injury case
There are many benefits to working with a qualified daycare injury lawyer. First, you will have someone who is knowledgeable about the law related to any accidents that your child gets involved in.
Another benefit is that you would have someone who can negotiate with insurance companies (or even the daycare facilities) well. Most often, insurance companies are quick to give a low insurance settlement for any personal injury cases. The main reason is they want to quickly resolve the issue and no longer dig deep into what has happened.
Although the settlement may cover most of your child’s first medical bills, it won’t be enough to cover any ongoing medical treatment. Additionally, going through the legal process and medical procedures would need you to miss work, which lessens your capacity to earn. The accident may also impact your child with more psychological issues that may need to be treated in the future. These are some examples of claims that should also be addressed in your insurance claim.
Furthermore, if there is any foulplay or clear negligence, the persons involved or the overall daycare center. The state may need to come in and review possible renewal of licenses to ensure that children are still provided with the best care.
If your child has been injured while in the care of a daycare center, it is important to seek legal help. You may be entitled to compensation for the injuries your child has suffered. The Houston, TX daycare injury lawyers at Roxell Richards law firm are here to help you through this difficult time.
We offer free case reviews and free consultation so that you can learn more about your legal options and we will work on a contingency basis, meaning that you do not pay us anything unless we win your case. Contact us today at our local phone number (713) 974-0388 or via our toll-free number 1-855-GOT-INJURED to get started on securing the future of your family.