San Antonio Daycare Injury Lawyer

Unfortunately, daycare accidents occur throughout the state of Texas. If you believe your child’s daycare injuries occurred due to another person or entity’s negligence or intentional actions, you may be entitled to compensation. Zinda Law Group’s San Antonio daycare injury lawyers are here to help you and your family through the entire legal process.

Our team has the resources and ability to help answer any questions you may have regarding your case and can fight on your child’s behalf to pursue the maximum amount of compensation available. Give us a call or contact us through our website for your 100% free initial consultation. 

Our team of personal injury lawyers in San Antonio is available 24/7, and you do not pay us anything unless we are successful in winning your case. We have served over 10,000 clients and recovered over $210,000,000 in damages.

How do Daycare Accidents Occur?

Daycare accidents can occur at any time if a daycare worker or manager is negligent. Untrained or negligent daycare workers often cause unsafe conditions for children. These conditions may then lead to an increased number of accidents and subsequent injuries. Examples of common causes of daycare accidents include, but are not limited to:

• Falls from playground equipment
• Falls from changing tables
• Unsafe playground equipment or toys
• Intentional abuse from a worker, such as hitting
• Choking from food or a toy
• Food allergy contamination
• Consumption of chemical products
• Hands caught in doors or drawers
• Drowning in pools

If your child has been injured while at a daycare, and you are unsure of who is responsible for the accident, contact a San Antonio daycare injury attorney today. We can help investigate your case to determine whether you should file a claim against the daycare, an insurance company, or an individual worker.

What Injuries May Occur from a Daycare Accident?

As previously mentioned, there are many ways in which a daycare accident can occur. The injuries resulting from these accidents will depend on the severity and type of event. 

For example, a child will likely receive a smaller injury falling from a short bench onto a carpet than they would from falling from the top of a jungle gym on rocks. Below are examples of injuries that may result from a daycare accident.

Cuts, Scrapes, and Bruises

Cuts, scrapes, and bruises are common daycare injuries. For example, a child may receive a paper cut when doing an art project or get cut from a thorny bush when playing outside. These injuries will typically only require on-site first aid, such as cleaning the wound and applying a bandage, although some injuries may be more severe. 

It should also be noted that if your child has been regularly coming home with strange bruises, it may be a sign of abuse or neglect.

Poisoning

If a child is not properly supervised while at a daycare, they may be unintentionally poisoned. This may occur when a child eats or ingests cleaning supplies, paint, glue, or other harmful products. Depending on the amount and type of the toxic product, the child may be risking death if the daycare worker does not immediately seek emergency medical attention.

Broken Bones

A child may also break or fracture a bone after falling from a jungle gym or another large height. Fractures are divided into multiple categories, which include:

• Closed fracture: A closed fracture occurs when the injury does not break the skin
• Open fracture: An open fracture occurs when the injury does break the skin
• Displaced fracture: A displaced fracture occurs when a gap forms where the bone breaks
• Partial fracture: A partial fracture occurs when the break does not go all the way through the bone
• Stress fracture: A stress fracture occurs when the bone has a crack in it

Typically, a broken bone will be treated with a cast or splint. However, for certain breaks, the doctor may recommend surgery. Always consult a doctor if you suspect your child has broken a bone.

Shaken Baby Syndrome

Shaken baby syndrome is a brain injury that occurs when an infant or toddler is forcefully shaken. When this occurs, the child’s brain cells are destroyed, preventing the child’s brain from getting enough oxygen. This is considered child abuse and may cause permanent brain damage or even death to the child. 

You should be aware of the symptoms of shaken baby syndrome, which include:

• Difficulty staying awake
• Vomiting
• Seizures
• Paralysis
• Coma
• Breathing problems

If you suspect a daycare worker has violently shaken your child, seek emergency medical assistance. Getting immediate medical care is crucial in this scenario and may ultimately save your child’s life.

Drowning or Near-Drowning

If a daycare has a pool or tub, there may be a drowning risk. This risk is also true if the daycare brings children to a nearby or neighborhood pool. If a child has nearly drowned, they may be unresponsive. 

Other symptoms of near drowning include abdominal swelling, lack of breath, and vomiting. Near-drowning victims require immediate medical attention to prevent further health complications.

If your child has suffered from one of these injuries, contact an experienced attorney at Zinda Law Group as soon as your child is safe. Call our team today if you have any other questions regarding daycare accidents or the legal process.

How to Prove a Negligence Claim

To bring a claim against a daycare facility, you must be able to prove that the daycare was at-fault for your child’s injuries. To do so, you must establish the four elements of a negligence claim. These elements are as follows:

• Duty of care
• Breached duty of care
• Causation
• Damages

The Daycare Had a Duty of Care

You must first show that the daycare owed a duty of care to your child. This means showing that the daycare had a duty to take reasonable precautions to ensure the child did not suffer harm.

The Daycare Breached Their Duty of Care

Next, you must demonstrate that the daycare breached or violated their duty of reasonable care to your child. This may require you to find witnesses, surveillance footage, or other pieces of evidence.

The Daycare’s Breach Caused the Child’s Injuries

The third prong is proving that the daycare’s breach of duty, or lack of care, is directly related to the child’s injuries. In other words, there must be a link between the daycare’s negligence and the child’s injuries.

The Damages Can Be Proven

Lastly, you must prove damages or that your child was harmed in some way. You must also be able to show a financial loss that was incurred because of the injuries, such as medical bills.

Negligence cases can sometimes be overwhelming and frustrating. However, working with a skilled San Antonio daycare injury attorney can make the process much easier. Our team can lead you through each step in proving negligence and help you pursue the maximum amount of compensation available for your child’s Injuries and suffering.

Legal Time Limit for Filing a Daycare Accident Claim in Texas

It is important to note that there is a legal time limit in which a daycare injury claim can be filed. This time limit, or statute of limitations, varies by case type and state, so it’s important to contact a personal injury lawyer as soon as possible. Further, failure to file your case on time may bar you from receiving any kind of compensation for your child’s medical bills and related costs.

In Texas, you generally have two years to file your daycare injury case. The time limit begins on the date of the accident, so contact a daycare injury attorney in San Antonio as soon as you can. 

For example, if your child was injured at daycare on January 1, 2023, you will have until January 1, 2025, to file your claim. A San Antonio daycare injury attorney at our firm can help you through each step of the legal process, including filing your case on time.

Damages You Can Recover After a Daycare Injury

Following a daycare accident, you will likely be eligible to recover a wide array of damages. The specific damages you will be eligible to claim vary from case to case. Identifying the exact damages that apply to your case is critical for recovering the full value of your claim. 

An experienced San Antonio daycare accident attorney can help identify how much your case is worth.

Economic Damages

Economic damages are awarded for all the losses you incur because of your child’s injury that have an impact on your finances. The most commonly recovered economic damages in daycare injury cases include:

• Lost wages for the time you missed work to care for your child
• Decreased ability for your child to earn income in the future
• Medical bills
• Projected future medical expenses

Non-Economic Damages

All of the other losses you incur as a result of your accident are considered non-economic damages. The most commonly recovered non-economic damages in daycare injury cases include:

• Pain and suffering
• Mental anguish
• Emotional distress
• Permanent disability
• Scarring and disfigurement
• Diminished quality of life

Punitive Damages

Punitive damages are meant to punish the liable party for causing your child’s injuries. Punitive damages are only awarded in a small percentage of daycare accident cases. For your case to qualify, the party at fault for your child’s injuries must have acted with the intention of causing harm or been criminally negligent.

Contact Our San Antonio Daycare Injury Lawyers As Soon as Possible to Discuss Your Case

No one brings their child to a daycare, thinking they will be harmed. Unfortunately, however, accidents do occur, which may cause a child to fall, consume toxic cleaning supplies, or choke on an unsafe toy. If this is the case, the daycare may be at fault for negligence. 

Bringing a lawsuit against the daycare may allow you to receive compensation for your child’s hospital bills, pharmaceutical costs, mental anguish, and more. If your child was injured while at a daycare, you should contact an experienced San Antonio daycare accident lawyer at Zinda Law Group as soon as you can. 

We are here for you and your family every step of the way. Contact a San Antonio attorney at our firm as soon as possible to discuss your case. Your initial consultation is 100% free, and you will not pay us anything unless we are successful in winning your specific case. That is our No Win, No Fee Guarantee. Meetings are available by appointment only.