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Protecting Your Child’s Rights: Daycare Injury Lawyer

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“No matter how big or small your injury is, we are committed to fighting justice the same” – Atty. Roxell Richards

Roxell Richards

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 reliable daycare personnel with enough experience. This is to ensure the safety of their children while they are away on business or on vacation.

Daycare Reality

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 sustaining a wound.

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Even worse is when the caregivers responsible were negligent. In a 2016 report, reports from USA Today, there were 24 dead children in childcare centers from abuse and neglect.

Either way, a child that suffers in an accident needs medical treatment. Some of which are serious that need ongoing and special 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 in a harmful situation while in the care of another. Not only is it heartbreaking to go through but also heavy medical costs can add even more stress to already difficult situations.

If you find yourself needing legal assistance for issues about daycare injuries in Houston, TX, our team of daycare injury lawyers is here for you with dedication and experience handling this exact kind of case.

Children’s Rights to Care

The United Nations, which includes the United States of America, made an agreement with 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. And in Houston, our daycare injury lawyers are ready to fight for your child’s rights

Also, these are agreements with the general rights that each of those countries agreed to. Each country has its own set of policies on how to enact these rights. Basing it on the country’s policymakers and capacity to finance the needs for 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.

Furthermore, 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.

Child’s Rights in America

Thus, in America, there are food and shelter provisions from the state, 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 the approval on policies on child abuse investigations. When it comes to a daycare facility, each state has a licensing process that ensures all the measures that benefit children are in place.

In fact, for children’s care centers in Texas, the Health and Human Services department has details of the 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. They must pass it all before allowing them 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 sustain injuries. 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 for it. Here are some of the steps from a Houston daycare injury lawyer:


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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 apply 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 follow emergency protocols and rush a 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 about the events that took place and take note of what they say. If the accident took place without you around, it’ll be easier to understand the event that took place through your child’s narrative. Of course, it’s also important to ask the daycare staff to get the big picture of the accident.

Contact Potential Witnesses

Understanding the events leading up to 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 a daycare injury attorney with reliable experience. Talk to someone who has experience in dealing with insurance companies. And also experience in daycare facilities in terms of the legal repercussions of a child’s daycare injury.

Hire a Daycare Injury Lawyer in Houston for your Child Care Injury Case

There are many benefits to working with a Houston daycare injury lawyer with top-notch qualifications. First, you will have someone who has knowledge about the laws in relation to any accidents that involve your child.

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 events leading to the accident.

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 long-term treatment. These are some examples of claims that you should include in your insurance claim.

Furthermore, if there is any foul play 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.

Daycare Center Legalities

If your child has been injured while in the care of a daycare center, it is important to seek legal help. You may receive 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 secure the future of your family.

Related Links

Child Injury
Child Injury Case
Childcare Negligence
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