Entrusting your child’s care and well-being to someone else is difficult. You expect your child to be safe and that the daycare will protect them while you’re away. Unfortunately, this is not always the case. Daycare injuries do happen. If your child has been injured, an El Paso daycare injury attorney will help you receive compensation for your child’s injuries.
At Zinda Law Group, we offer compassionate legal support to parents of injured children. We want to make sure no other children will be injured by a repeat accident. If your child has been hurt due to negligence, call us for a free case evaluation with our personal injury attorneys in El Paso.
Can I Sue a Daycare?
Federal law requires states to maintain guidelines for children’s health and safety in daycares. However, these policies do not always prevent accidents or abuse from happening.
You can bring a claim against the daycare if your child has been injured. Some facilities will require you to sign a liability waiver upon your child’s enrollment. However, these waivers don’t bar you from seeking compensation for a daycare injury.
Courts often refuse to uphold liability waivers because they are seen as allowing the daycare to act negligently without any repercussions. Even if you have signed a liability waiver, you should still contact an attorney to discuss your case.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationNegligence and Common Types of Daycare Accidents
Generally, you will bring a negligence action against your child’s daycare provider. There are many different ways that daycare could have been negligent. However, your attorney will investigate the incident and identify who is to blame for the accident.
Common types of daycare accidents in El Paso include:
- Failure to properly supervise a child: Even stepping away from a child for a minute is long enough for them to become injured. If a child is lost or injured due to lack of supervision, this may be considered negligence.
- Failure to provide safe premises: Many potential hazards in daycares could harm your children, such as loose handrails, wet floors, unsafe playground equipment, bookshelves, and pools. A daycare’s failure to provide a safe environment for your child may be deemed negligence.
- Failure to screen employees: If an employee harms your child, the daycare can be held liable if they fail to conduct background checks on employees.
- Failure to abide by a child’s special dietary needs: If a daycare provider is aware of your child’s allergy, they must take reasonable care to protect them from the harmful allergen.
Many types of accidents can take place in daycare. When left unsupervised, children can injure one another. Children can choke on food, ingest allergens, or become sick from spoiled food. They can be injured by unsafe toys with small parts, poorly maintained playground equipment, or falling when unsupervised.
If you decide to bring a case against your child’s daycare, you must prove your child suffered injuries as a direct result of the daycare provider’s negligence. Meeting with an attorney to discuss the accident can help you to bring the strongest claim possible.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationYou Could Qualify for Compensation After a Daycare Accident in El Paso
If your child was injured in daycare due to someone else’s negligence, you have the right to recover compensation. As your personal injury lawyers, we will protect your right to financial recovery.
You will likely receive compensatory damages, which aim to reimburse you for the losses from the accident. There are two main categories, economic and non-economic damages, that refer to different types of losses.
Economic Damages
These are your tangible losses associated with the child’s injury. For example, the medical expenses will quickly become apparent after the injury as bills for diagnosis, medication, and treatment start piling up.
After a daycare injury in El Paso, you could receive economic damages, such as:
- Medical expenses
- The cost of future medical care
- Property damage
- Lost wages you suffered by taking time off work to care for your child
- Out-of-pocket expenses like the cost of transportation to the hospital
Non-Economic Damages
More than one life can be affected when someone else’s negligent actions injure a child. The psychological impact of the accident is often overlooked; however, the injured victim and their family may be left with deep psychological scars.
At Zinda Law Group, we understand how the injury can impact the entire family’s well-being and social life. We want to help you prove these intangible losses, so your family can receive the maximum compensation needed to rebuild your lives.
Non-economic damages after a daycare injury in El Paso include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationHow Long do I Have to File a Lawsuit in Texas?
According to the Texas statute of limitations, you generally have two years to file a personal injury lawsuit against the defendant. However, the rule has certain exceptions, including when the victim is a minor. Thus, if the injured party is under 18 years of age at the time of the accident, the deadline is tolled until their 18th birthday.
If your child was injured at an El Paso daycare, the statute of limitations does not start running at the date of the injury, but rather at their 18th birthday. Therefore, the deadline for taking legal action would be their 20th birthday.
However, certain factors could influence the deadline, so you should consult a daycare injury attorney in El Paso, TX, as soon as possible. Failing to meet the statute of limitations would lead to dismissing your case, and you may lose the opportunity to recover damages.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationGet Help from Our El Paso Daycare Injury Lawyers
At Zinda Law Group, our attorneys have helped thousands of injury victims regain their lives. We have the knowledge and resources to help you seek maximum compensation for your injuries.
We understand the difficult journey parents face in their pursuit of justice. As experienced lawyers, we can guide you through the legal process toward financial recovery. Furthermore, we’ll make sure you have all the information you need to make informed decisions about your child’s future.
If your child has been injured, call us today to receive a free consultation with our El Paso daycare injury lawyers.
Meetings with attorneys by appointment only.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
