Texas Daycare Abuse Lawyers

Has Your Child Suffered Abuse or Neglect in a Daycare Facility?

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Daycare abuse refers to any form of harm, whether physical, emotional, or neglectful, inflicted on a child within a daycare setting. Unfortunately, due to the necessity for childcare services in today’s working world, some daycare facilities fail to maintain proper safety standards and adequate supervision, putting children at risk.

In 2022, the Texas Department of Family and Protective Services (DFPS) opened 1,746 abuse or neglect investigations into daycare facilities. Of those investigations, 16.4% uncovered validated abuse or neglect and 18.3% uncovered high risk findings.

Signs of daycare abuse can be subtle, and the consequences of such abuse can be devastating, ranging from physical injuries to long-term psychological trauma. Our Texas daycare abuse lawyers are dedicated to championing the rights of these innocent victims. We strive not only to secure compensation for the affected child but also to hold the responsible parties accountable.

Our goal is to ensure safer daycare environments for all children and offer peace of mind to parents. If your child has been a victim of daycare abuse, our Texas daycare abuse lawyers are here to assist you in seeking justice and making a significant difference in our community.

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Common Causes of Daycare Injuries

Daycare injuries can occur for a variety of reasons, and understanding these common causes may help prevent future incidents. Some of the most prevalent causes include:

  • Improper Hiring Practices:  Failing to conduct thorough background checks or not verifying qualifications can result in untrained or unsuitable individuals working with children.
  • Unqualified Workers:  Individuals lacking appropriate training or experience may not be equipped to handle certain situations, potentially leading to accidents or neglect.
  • Inadequate Staffing:  A low staff-to-child ratio can result in insufficient supervision, increasing the risk of injury to children.
  • Dangerous Premises:  Poorly maintained facilities, or those with hazardous objects, can pose significant risks to children. This includes everything from unsanitary conditions to unsecured cabinets and furniture.
  • Criminal Acts:  In the most severe cases, children may become victims of intentional harm or neglect by staff members or other children at the daycare.
  • Intentional Acts:  This refers to intentional criminal actions by daycare staff or other children that cause harm or injury to a child. These actions can be physical, like hitting or shaking, or emotional, like consistently belittling or isolating a child from their peers.

Understanding these common causes can help parents make informed decisions about childcare facilities and can also help facilities improve their services.

Typical Daycare Abuse Injuries

Daycare abuse can lead to a host of injuries that significantly impact a child’s well-being. Some of these common injuries include:

  • Broken Bones:  These are often the result of falls or rough handling. They are painful and can require extensive treatment to heal correctly.
  • Joint Injuries:  These could be sprains or dislocations, typically caused by improper lifting or physical abuse.
  • Brain Injuries:  Typically caused by severe falls, shaking, or direct blows to the head, these can have severe, long-term effects on a child’s cognitive development.
  • Heatstroke:  Occurs when a child is left in a hot environment, like a locked car, for an extended period.
  • Suffocation:  This can occur due to unsafe sleeping conditions, such as overcrowded cribs or the presence of loose bedding material.
  • Drowning:  This can occur if a child is left unattended near a pool or other bodies of water.
  • Poisoning:  This could be from ingesting dangerous substances, such as cleaning fluids or medications, that are improperly stored and easily accessible.
  • Burns:  These can occur from hot surfaces or substances, or even fire if a child is left unattended in a dangerous environment.
  • Sexual Abuse: Any inappropriate, forced, or coerced sexual act or behavior towards a child by an adult or older child within the daycare setting.

It’s important to remember that these injuries are preventable with proper care and supervision. If you notice any signs of these injuries in your child, it could be a sign of daycare abuse.

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Common Emotional and Psychological Signs of Daycare Abuse

Emotional and psychological indicators of daycare abuse can be subtle but deeply distressing. These signs may manifest as changes in your child’s behavior or demeanor. Noticing these signs early can be instrumental in uncovering potential abuse. Here are some common emotional and psychological signs of abuse:

  • Aggressive Behavior:  Children who are being abused may begin to demonstrate unexpected aggressive behavior, such as hitting or biting, as a response to their own mistreatment.
  • Anti-Social Behavior: A child might withdraw from social interactions or seem unusually quiet and reserved. This could indicate emotional distress or discomfort stemming from an abusive environment.
  • Regressive Behavior:  Children experiencing abuse may revert to earlier behaviors, such as bed-wetting or thumb-sucking, as a way of coping with their distress.
  • Excessive Crying:  Unusual or excessive crying can be a child’s way of communicating their distress, especially if they lack the vocabulary to express their feelings.
  • Fear of Unknown Adults:  If a child develops a sudden fear or wariness around unknown adults, it could be a sign of mistrust stemming from abuse.
  • Separation Anxiety:  A child may exhibit intense fear or reluctance when separating from their parents or guardians. This can indicate feelings of insecurity or fear of abuse in their daycare environment.
  • Other Behavioral Problems:  This can include a wide range of issues such as drastic changes in appetite, sleep disturbances, or a sudden drop in academic performance.

Remember, these signs are not definitive proof of abuse, but they warrant further investigation. If your child exhibits any of these signs, it may be time to initiate a conversation with them about their daycare experiences or consult our Texas daycare abuse lawyers for legal advice.

At Thompson Law

We provide victims of daycare abuse and neglect victims and their families with dedicated and tenacious legal representation, ensuring that you get fair value for your claim. Our Texas daycare abuse lawyers will build a strong case with supporting evidence so that you recover the money that you deserve.

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What to Do When You Notice Daycare Abuse

If you suspect that your child may be a victim of daycare abuse, here are some steps you should consider taking:

  • Document the Evidence:  Record any physical or behavioral changes in your child, obtain medical reports if injuries are present, and keep a log of your observations and any discussions you have had with your child about their experiences at daycare.
  • Speak to Your Child:  Have a gentle, non-leading conversation with your child. Ask them about their day and how they feel about their daycare. Be patient, make them feel safe, and let them know it’s okay to talk about anything they’re uncomfortable with.
  • Report to Relevant Authorities:  If you have substantial reasons to believe your child is being abused, report the matter using the Texas Abuse Hotline at 800-252-5400, and/or to local child protection services, the police, or a relevant regulatory body governing daycare centers. It’s important to report even if you’re unsure; they have professionals who can help determine if abuse is occurring. If the abuse occurred outside of Texas, see how to report daycare abuse in every state by clicking on the link.
  • Reach Out to Our Texas Daycare Abuse Lawyers:  Contact our experienced Texas daycare abuse lawyers. They can guide you through the process, help preserve your rights, and ensure you get the justice you and your child deserve.

Remember, you are the first line of defense for your child. Trust your instincts and take action if something seems amiss.

Can I Sue for Daycare Abuse?

Yes, you can sue for daycare abuse. If negligence or intentional misconduct at a daycare facility has resulted in harm to your child, you have the right to take legal action. A lawsuit can provide compensation for any physical, psychological, or emotional damage suffered by your child as a result of the abuse.

It’s important to remember that the burden of proof lies with you, the plaintiff. Therefore, you must be able to provide sufficient evidence to demonstrate that the daycare provider failed in their duty of care towards your child, which resulted in harm. Engaging our Texas daycare abuse lawyers can significantly improve your chances of a successful legal outcome.

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Potential Damages in Daycare Abuse Injury Claims

In a daycare abuse injury claim, various types of personal injury damages may be claimed to compensate for the harm suffered by your child. These include:

  • Medical Bills:  These encompass the costs of immediate medical treatment, emergency room visits, hospital stays, and any other medical expenses incurred as a result of the abuse.
  • Future Medical Care:  If the abuse has resulted in long-term or permanent harm, you may claim compensation for future medical expenses. This could include ongoing therapy, counseling, or medical treatments required to manage your child’s condition.
  • Lost Income:  If you had to take time off work to care for your child, you might be able to recover lost wages.
  • Disfigurement and Scarring:  If the abuse has left physical scars or marks on your child, compensation can be sought for the physical and emotional trauma associated with disfigurement.
  • Disability:  If your child has a disability caused by daycare abuse, you may be eligible for compensation for long-term care and support. This covers special education expenses, physical therapy, necessary aids, and adjustments for daily life.
  • Loss of Enjoyment of Life:  This compensates your child for the loss of the ability to enjoy day-to-day life and participate in activities they once enjoyed.
  • Lost Earning Capacity:  If the abuse has resulted in permanent disability or developmental delays that could affect your child’s future earning potential, you can seek compensation for this as well.
  • Other Damages:  This can include a wide range of other impacts, such as pain and suffering, emotional distress, and the cost of any necessary changes to your home or lifestyle to accommodate your child’s needs following the abuse.

Each case is unique, so the types and amounts of damages available will depend on the specific circumstances of your case. Our experienced Texas daycare abuse lawyers can guide you through this process and help determine the full extent of damages to which you may be entitled.

How Long Do I Have to Make a Daycare Abuse Injury Claim?

The timeframe within which you must make a daycare abuse injury claim is governed by the statute of limitations. This time period varies by state. In Texas, you generally have two years from the date of the incident or from the date at which the abuse was discovered to file a lawsuit. Other states have different statutes of limitations ranging anywhere from one to six years.

It’s essential to act promptly when you suspect daycare abuse, not only to protect your child but also to preserve your right to legal recourse. If you miss this deadline, you may lose your right to file a lawsuit altogether. Due to the differences in state laws, it is advisable to consult with our experienced Texas daycare abuse lawyers to provide guidance based on the specific laws of your state.

Your Rights as a Parent When You Suspect Daycare Abuse

As a parent, you have specific rights when you suspect daycare abuse.

  1. Investigate and Ask Questions:  You have the right to question and investigate any signs of abuse you notice in your child. You don’t need to have definitive proof before initiating an investigation; suspicion and protective instincts are enough.
  2. Report the Suspected Abuse:  You have the right to report your concerns to the proper authorities, including child protection services and local law enforcement. Remember, you’re not expected to prove the abuse – that’s the job of the professionals. Your role is to report and safeguard your child.
  3. Protect Your Child:  You have the right to remove your child from the daycare center immediately if you fear for their safety.
  4. Bring a Civil Action:  In additional to any criminal actions, you have the right to sue the daycare provider for compensation if your child has suffered abuse in their care.

Our experienced Texas daycare abuse lawyers can assist you in exercising these rights and guide you through the legal processes involved.

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(844) 308-8180

Contact Our Texas Daycare Abuse Lawyers Today

If you suspect your child has suffered abuse at a daycare facility and need guidance on how to proceed, contact our Texas daycare abuse lawyers at Thompson Law Today for a FREE CONSULTATION. We are dedicated to advocating for your rights and those of your child.

Importantly, we charge NO FEE unless we win your case. Our Texas daycare abuse lawyers understand the emotional trauma associated with these situations and we are here to provide the support you need. We care about you and your family and are committed to ensuring you receive the justice you deserve. Don’t hesitate – visit us online or give us a call at 844-308-8180 today!

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Frequently Asked Questions: Day Care Abuse

What can I say to my child to help prevent daycare abuse?

Open communication is crucial in preventing daycare abuse. Encourage your child to talk about their day and listen attentively to their experiences. Empower them by teaching them the difference between “good touch” and “bad touch,” and reiterate that they have the right to say no to anything that makes them uncomfortable.

Remind them that they should always report to you or a trusted adult if they ever feel unsafe or if anyone asks them to keep a secret from you. Make sure they understand their body belongs to them, and they can always come to you with any concerns, no matter how small they may seem.

How do I report day care abuse in Texas?

To report daycare abuse in Texas, our Texas daycare abuse lawyers recommend you take the following steps:

  1. Contact Child Protective Services (CPS):  Reach out to the Texas Department of Family and Protective Services (DFPS) immediately to report abuse to DFPS. Reports can be made confidentially and anonymously if necessary. You can file a report online through their Texas Abuse Hotline website, or by calling the Texas Abuse Hotline at 1-800-252-5400.
  2. Notify Local Law Enforcement:  After contacting CPS, inform local law enforcement authorities by calling your local police department or sheriff’s office.
  3. Reach out to an Attorney:  Our Texas daycare abuse lawyers can guide you through the complexities of legal action and help ensure the safety and rights of your child are protected.
  4. Document Everything:  Make detailed notes and keep a record of all signs and symptoms of abuse, interactions with your child’s daycare, and steps you have taken to report the situation.

How do I find a daycare that is safe?

Choosing a safe daycare for your child involves thorough research and due diligence. Here are some steps to consider when evaluating potential daycare facilities:

  1. Check Licensing and Certifications:  Search that the daycare is licensed and certified by the state. Licensing ensures that the daycare meets basic health and safety standards.
  2. Visit the Daycare:  Tour the facilities in person. Observe the cleanliness, safety features, and overall environment. Pay attention to how the staff interacts with the children.
  3. Staff Background Checks:  Ask about the hiring process and ensure that the daycare performs thorough background checks on all staff members.
  4. Review Their Policies:  Understand their discipline, feeding, sleeping, and illness policies. A good daycare should have clear and communicated policies.
  5. Ask for References:  Don’t hesitate to ask for references from other parents who use the daycare. Hearing firsthand experiences can provide valuable insights.
  6. Child-to-Staff Ratio:  Check the child-to-staff ratio to ensure that your child will receive adequate attention and care.
  7. Ongoing Training:  Inquire about staff training and whether they are trained in child development, first aid, and emergency procedures.
  8. Open Door Policy:  The daycare should welcome parents to visit at any time. An open door policy is a sign of transparency.
  9. Surveillance and Security:  Consider the security measures in place, such as security cameras and controlled access to the facility.
  10. Trust Your Instincts:  Finally, trust your instincts. If something feels off or you have doubts, keep looking. You want to ensure that the environment feels safe and right for your child.

Implementing these steps can help in finding a daycare facility that prioritizes the safety and well-being of your child. The Texas Department of Health and Human Resources has more information on exploring day care options.

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Personal Injury FAQs

Personal Injury

If you are injured in any type of accident, your first priority should be to seek immediate medical attention, even if you are not certain that you are injured. Seeking immediate medical treatment does two things: 1) it ensures injuries you sustained are diagnosed and treated; and, 2) it helps eliminate any doubt by the insurance company that your injuries were caused by the accident. 

Often, the shock and adrenaline of an accident can mask symptoms of injuries, so making the mistake of skipping a medical examination can have profound consequences. By seeking prompt medical treatment, you protect both your health and your ability to seek compensation for your injuries with the help of your attorney.

If you were in a motor vehicle accident we have also detailed here what to do after a car accident.

A skilled personal injury lawyer is necessary to get full and fair compensation for injuries you sustained in an accident. Most defendants, whether individual drivers or commercial vehicle operators, are covered by liability insurance. Those insurance companies are not obligated to protect or take care of you. Insurance companies exist to protect the defendant (their customer) who caused the wreck. 

A personal injury attorney can help you obtain compensation for every category of damages to which you are legally entitled. These damages can include things like: medical bills, lost wages, property damage, pain & suffering, punitive damages, loss of limb, diminished mental function, physical impairment, scarring or disfigurement, emotional or mental trauma, and loss of consortium (in wrongful death claims). Further, you may be entitled to future medical bills, future lost income, future pain and suffering, and other damages in severe injury cases.

Uninsured Motorist (UM) Coverage can help save the day if you are hit by an uninsured driver or if you are the victim in a hit-and-run collision. In short, UM coverage is an add-on coverage that drivers can add to their auto insurance policies that will protect them in the event that they are in an auto accident with a driver who either does not have insurance or cannot be located. You can contact your insurance provider to confirm whether your policy includes UM. If you do not have this coverage, the personal injury attorneys at Thompson Law recommend that you consider adding UM to your auto insurance policy today. 

Absolutely not. It’s important to leave the investigation to the professionals. They know exactly how to work a case to determine all of the facts and details.

Some of the most devastating injuries caused by careless driving happen to pedestrians. As a pedestrian, you have the same right to be free from injury and harm caused by the irresponsibility, error, or negligence of others as any motorist on the road. In is important to obtain the services of an experienced personal injury attorney as soon as possible if you are injured as a pedestrian. The right attorney will see that you receive the medical care you need, guide your damage claim process, and receive full compensation for your injuries.  

Typically, yes. If a family member is seriously injured or killed in an accident, or if the injured party is a minor child, then it may be appropriate under the law for a parent, spouse, relative, or legal guardian to file a claim or lawsuit on behalf of the injured or deceased party.  These types of claims are complex, and usually depend on the type of relationship involved, as well as the individual facts and circumstances of the injury. Calling the experienced personal injury attorneys at Thompson Law is step one to explore filing a legal claim on behalf of your loved one. 

If the other vehicle involved in your crash was an 18 wheeler or another commercial vehicle, call an attorney immediately. Companies who own commercial vehicles and 18 wheelers often have their own team of investigators who will arrive on the scene immediately working on the driver’s defense case. The sooner you involve an attorney of your own, the better your chances are of receiving compensation for your injuries and damages.

No. They aren’t trying to help you. They’re trying to protect their drivers and reduce their costs. That’s why they have a team of lawyers ready to flock to the scene of any accident. Don’t accept any form of compensation until you talk to your attorney. Most victims of 18 wheeler crashes sustain more injuries than victims of normal crashes, and can receive higher compensation as a result. Don’t let them fool you into accepting a smaller payout for your injuries and damages. Your injuries could require years of medications and surgeries, and the company will try everything to avoid making huge payouts. Call your attorney and let them do the negotiating on your behalf.

The best personal injury attorney has three major characteristics: Excellent customer service, cutting edge technology, and a willingness to take cases and win at trial. Ask your potential attorney about the client experience they offer, what kind of technology they use to make your life easier, and when was the last time they took a case to jury trial. Asking these types of questions will give you guidance on what kind of experience you can expect as a client and what kind of results you can expect at the end of your case.

Thompson Law has high ratings from clients for its emphasis on customer service, and its attorneys have achieved significant results on small, large, and complex cases alike. No matter if you have been involved in a minor car wreck or are dealing with catastrophic injuries from a rarer and more devastating event like a terrible workplace accident, dog bite, or an 18 wheeler wreck, Thompson Law can assist you.  

Yes! Thompson Law is available 24 hours a day, 7 days a week to provide free consultations. If you have been injured in a truck wreck or car accident, hurt in a slip and fall incident, or otherwise injured from the negligence of another person or party, give us a call any time at 1-800-LION-LAW. We can speak to you over the phone, chat online through our website or social media outlets, or arrange an in-person meeting at your convenience. Our team is ready to help! 

An insurance company will not pay medical expenses or other damages as they come due; rather, after they have accepted liability, the insurance company will make a one-time, lump-sum final payment only at the end of your case.  Dealing with medical expenses, and obtaining the proper medical care, after an accident can be tricky. But it does not have to be! Call the personal injury attorneys at Thompson Law, who can explain how to deal with the “day-of” hospital bills, how to continue to receive the care you need, and ultimately how to recover an appropriate settlement that takes care of your bills from the incident as well as fair and just compensation for you.

Let’s be honest: this isn’t a legal show on TV and your case will not settle in the next hour – or even tomorrow.  The true answer is: it depends.  We find that most cases settle within 7-10 months from date of incident; but the timeframe in your case could be shorter or longer depending on: the facts and circumstances of the accident; the length of time it takes you to complete medical treatment; and the character of the insurance company, or companies, involved in your case.  In the event that your case cannot settle pre-litigation and it becomes necessary to file a lawsuit, the litigation process alone can take 1 to 2 years due to the court system and legal process necessary to prepare for trial.  But because so much of the timeline depends on the facts and circumstances of your unique case, call Thompson Law today to discuss the personal injury claims process

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Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.