San Antonio Daycare Injury Lawyer - Your Guide to Filing a Texas Personal Injury Claim

Daycare centers in San Antonio often operate at overcapacity, which can be challenging for parents seeking a safe and nurturing environment for their children while they are at work. Once they find a facility, parents expect their children to be well cared for. Tragically, that is not always the case.

Accidents can occur in San Antonio childcare centers, sometimes due to negligence or abuse. The Central Texas personal injury lawyers at Carabin Shaw help parents hold these centers and their workers accountable, pursuing damages for their child’s injuries and related expenses. Our compassionate team is available 24/7 to schedule free case reviews in Spanish or English at 800-862-1260.

Children may be prone to accidents, but injuries due to negligence or abuse require the expertise of an experienced personal injury attorney in San Antonio TX. Common reasons for injuries in a daycare facility could include:

• Broken playground equipment
• Toxic or dangerous toys
• Insufficient ratio of staff to children
• Failure of staff to act after an accident
• Unqualified staff members
• Assaults from other children
• Abuse from staff members

Children can suffer severe or even fatal injuries from these issues. Your San Antonio child injury attorney at Carabin Shaw will investigate the incident to hold the facility accountable if your child’s injuries were preventable.

Discovering your child was injured is an upsetting experience. However, the steps you take immediately following the accident will help you build a strong personal injury case. These steps include:

• Seek immediate medical treatment
• Collect photos, incident reports, and other related evidence
• Get statements from eyewitnesses
• Avoid speaking to insurance companies
• Contact an experienced personal injury attorney

Personal injury claims are usually filed with the responsible party’s insurance company. While the process may seem straightforward, insurance providers are more concerned with protecting their companies and clients than with supporting accident victims. Insurance adjusters know how to find reasons to reduce or deny claims, which is why it's best to have your lawyer communicate with them rather than talking to them directly.

Most personal injury cases in Texas also have a two-year statute of limitations, so it’s critical to enlist the help of an attorney right away. Once you have professional legal representation, your team will handle the legal process, allowing you to focus on helping your child recover.

Establishing fault in a personal injury case in Texas requires proof of negligence by demonstrating the following elements:

• The daycare facility owed you and your child a duty of care
• The facility failed that duty through actions or lack of action
• The failure directly caused your child’s harm
• As a result of the harm, your family incurred measurable losses

The Texas Health and Human Services Commission regulates child care providers in Texas. During the investigation, a daycare negligence lawyer in San Antonio will determine whether any violations contributed to your child’s accident. Breaches of regulations create a presumption of negligence known as negligence per se. Your lawyer will only have to prove that the violation directly caused your child’s injury to pursue damages from the at-fault party.

Victims of injuries, and their parents when the victim is a child, are entitled to economic and non-economic damages. Economic damages might include:

• Medical expenses related to your child’s injury
• Lost wages if you must take off work to care for your child

Non-economic damages cover intangible losses, such as:

• Pain and suffering
• Disability and disfigurement
• Emotional distress
• Loss of enjoyment of life

If the daycare facility violated state regulations, punitive damages may also be awarded. These damages are designed to punish the at-fault party and deter similar behavior in the future.

An injury at a daycare facility is stressful for a child and their parents. Carabin Shaw can help. We offer our services on a contingency fee basis, so you don’t pay anything until we win your case. Check out our client reviews to see how we’ve helped other victims, and then contact us toll-free at 800-862-1260.

For more information:

• Texas Statutes 16
• Cornell Law
• HHS
• Cornell Law