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Texas Laws About Daycare Injury and Abuse

If you suspect that your child is being abused at daycare, you may be thinking about legal action. With a successful lawsuit, you can receive compensation for any necessary medical and psychiatric bills and see to it that the parties responsible for harming your child are held accountable. However, before pursuing a lawsuit, you likely have some questions about Texas laws concerning child abuse.

The team of Texas child injury lawyers at Carabin Shaw has the knowledge and experience necessary to guide you through the legal process. If you have any questions, call 800-862-1260 to schedule a free consultation and case review with no obligation to hire. Our phone lines are open 24/7, and both English- and Spanish-speaking staff are available.

Who Should I Sue for Daycare Abuse?

One of the most common questions regarding Texas laws about daycare injury and abuse is who a lawsuit should name. Many parents in your situation wonder whether they should pursue legal action against the employee or employees who abused their children or the institution itself.

The most appropriate defendant or defendants for your lawsuit will vary based on the details of your case. A daycare institution (whether a school, a church, a daycare center or an in-home daycare company) can itself be responsible for abuse by:

  • Being negligent in their hiring practices
  • Not training employees on reporting suspected abuse
  • Failing to properly supervise their facilities
  • Hesitating to fire employees who were accused of abuse

Your lawyer may also choose to name employees other than those directly responsible for abusing your child. Texas is a mandatory reporting state, which means that anyone who suspects that a child is being abused or neglected is required to report it. Therefore, daycare staff and supervisors who may have been aware of the abuse, but who failed to report it, might be a part of your lawsuit.

Ultimately, it’s best to seek out a knowledgeable daycare abuse attorney in Texas to help you decide who your lawsuit should target.

Will My Lawsuit be a Criminal One?

If an individual files a lawsuit, it is considered civil, rather than criminal. Civil lawsuits do not result in jail time for defendants, but they have some benefits over criminal lawsuits.

Criminal lawsuits can only find a defendant guilty beyond any reasonable doubt. Civil lawsuits, on the other hand, can find a defendant liable if the evidence shows a strong likelihood that they are responsible for your child’s abuse. This means that even if the defendant in your case is found not guilty in a criminal trial, an experienced Texas personal injury lawyer may still be able to win a civil lawsuit against them.

What Kind of Settlement Will I Receive?

Your settlement will likely consist of these categories of damages:

Compensatory damages consist of economic and noneconomic damages: Economic damages cover any expenses related to treatment for your child’s abuse, including healthcare and clinical therapy

Noneconomic damages aim to compensate for the pain and suffering that your child suffered as a result of the abuse

Exemplary, or punitive, damages are often imposed on the perpetrators and/or enablers of child abuse, as it is considered to be a particularly grievous offense

The size of your settlement will vary according to a number of factors, including the duration and extent of the abuse and the number of employees implicated. Your attorney may be able to give you a ballpark estimate.

Free Case Review / Initial Consultation

Discovering that your child has been abused is hugely traumatic, and the thought of pursuing a subsequent lawsuit may seem overwhelming and difficult. However, the Texas child injury lawyers at Carabin Shaw have the skill and understanding to help you through the legal system during this stressful time.

To learn more about our services, call us at 800-862-1260 and ask to schedule your free consultation and case review.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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