Texas Daycare Injuries and Abuse

Representing Children Injured at Daycare

When we drop our children of at a daycare center, we are trusting the daycare to provide the same level of protection and care as we as parents do.

Unfortunately, this is not always the case as hundreds of children are exposed to injuries and abuse at daycares every year.

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Is Your Child’s Daycare Properly Regulated and Monitored?

Did you know that you may be sending your child to a daycare that has little or no state regulation? In particular, if your child attends a child care program that is operated by state agencies, local governments, military facilities, a religious institution, or is only open on a part time basis, the state may not regulate it at all.

This is frightening to think about as a parent who relies on daycare centers to be properly regulated and controlled. While injuries and abuse do not happen at all daycare centers, these are things that cannot be tolerated and must be monitored.

Daycare Injury Statistics

According to the National Center for Education Statistics, at least six out of ten — nearly 13 million — infants, toddlers and preschool children are enrolled in daycare. These centers are supposed to be providing substitute care for your children, but sadly we find that sometimes they may cause more harm than good.

According to the CPSC, approximately 31,000 children under age 4 are treated in U.S. hospital emergency rooms for injuries at child care settings on average.

  • 8% of the child care settings had cribs that did not meet current safety standards.
  • 24% of the child care settings did not have safe playground surfacing.
  • 13% of the child care settings did not use child safety gates where necessary.
  • 26% of the child care settings had loops on the window blind cords.
  • 5% of the child care settings had products that had been recalled by CPSC.

Common Types of Daycare Injuries

Some accidents involving children are simply unavoidable. However, many accidents could be prevented if daycare workers followed common safety procedures, removed hazards (such as those listed above) from the area, or supervised the children in a responsible manner.

Common injuries that occur at child daycare centers include:

  • Cuts and lacerations
  • Bruises
  • Broken bones
  • Neck injuries
  • Choking or strangulation
  • Burns
  • Drowning
  • Poisoning (by food, chemical, or medicine)

Child Abuse at Daycare Center

A parent’s worst nightmare is picking up a child from daycare and discovering mysterious cuts, bruises, or other more serious injuries. Child injuries do not always occur on accident.

If your child comes home with injuries that don’t make sense to you, it may be time to talk to your daycare provider. If abuse by another child or one of the childcare workers is suspected, you should contact your local law enforcement.

You deserve answers, and if the daycare staff is found negligent in the injury of your child, you may be owed compensation for your child’s pain and suffering and any related medical bills.

Contact an Experienced Child Injury Attorney

If your child has been injured after an accident or abuse at a daycare center, contact Thomas J. Henry. Parents put their trust in the staff of a daycare facility to keep their children safe and out of harm’s way. It is unacceptable for a child to be subjected to abuse or an unsafe premises while in their care. If your child was seriously injured due to the negligence or abusive actions of daycare staff, call our experienced child injury attorneys today. Thomas J. Henry has the legal and financial resources necessary to develop your child’s case properly. Call for a free case review.

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Your Daycare Injury Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following a daycare accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

Child sexual abuse is a crime that often goes undetected. You have the power to make an enormous, positive difference in a child’s life. Here are steps to take if you think a child is a victim of sexual abuse:

  • Recognize the signs, both physical and behavioral 
  • Talk to the child
    • Choose a safe space away from the person you may suspect of causing the abuse
    • Speak to the child in a casual, non-threatening tone to keep the child at ease
    • Talk to the child directly, using words that the child will understand
    • Avoid judgmental statements and questions and avoid blaming the child
    • Be reassuring to the child and let them know that you are concerned for them
  • Report it to authorities
    • Before reporting, tell the child you are going to talk to someone else who can help
    • Make sure the child is in a safe place, and if you are concerned about the child’s safety, be sure to let the authorities know

If you are not concerned that the parents are the ones causing harm, consult with them before reporting to authorities.

Child sexual abuse signs are often hard to spot. These signs include not only physical but also behavioral and emotional signs. Here are 10 warning signs of potential sexual child abuse:

  • Depression or post-traumatic stress disorder
  • Bleeding, bruising, or swelling in the genital area
  • Frequent urinary or yeast infections
  • Pain, itching, or burning in the genital area
  • Changes in hygiene (bathing too little, or too often)
  • Changes in sleep habits, including nightmares or bedwetting
  • Self-harming or expression of suicidal thoughts
  • Trouble in school, including absences or drops in grades
  • Shies away or feels threatened by physical contact
  • Overly protective of siblings (assumes a caretaker role)

This is by no means an exhaustive list of sexual abuse signs.

Several persons and parties may be responsible for child molestation — whether they committed the abuse themselves or they knew or should have known and did nothing to stop it. Here is a list of potential defendants in a child sex abuse civil lawsuit:

  • The abuser
  • Employers
  • Apartment communities
  • Property owners
  • Daycare providers
  • Landlords
  • Hotels/motels
  • Co-workers
  • Schools
  • Coaches
  • Babysitters
  • Parents/Stepparents
  • Teachers
  • Therapists
  • Youth clubs
  • Churches
  • Doctors

Sexual abuse can happen anywhere. Child molesters are opportunists and will enact their abuse anywhere they have access to or are alone with their victims. This includes:

  • Churches
  • Schools
  • Classrooms
  • Restrooms
  • Synagogues
  • Mosques
  • The victim’s home
  • The abuser’s home
  • On field trips
  • On religious retreats
  • On Camping trips
  • In a vehicle during a ride home

According to RAINN, as many as 93 percent of sexual abuse victims under the age of 18 know the abuser. Sexual predators look like anyone else, and sadly, they are often the people you trust most. Some of the occupations most often associated with child abuse include:

  • Priests
  • Pastors
  • Ministers
  • Rabbis
  • Imams
  • Clergy
  • Church officials
  • Youth group leaders
  • Deacons
  • School teachers
  • Music teachers
  • Dance instructors
  • Theater instructors
  • Boy Scout leaders and volunteers
  • Girl Scout leaders and volunteers
  • Coaches
  • Childcare providers
  • Babysitters

The first and most important thing is obtaining proper medical care. Once the child’s injuries are being professionally addressed if there is a belief that the injury was the fault of someone else, or because of a defective product or unsafe condition of the property, an immediate investigation should begin. This is most often undertaken by skilled investigators and experts in consultation with skilled personal injury legal counsel. Often evidence that is crucial to proving fault for an injury can be easily and quickly lost. It is very important to preserve all possible evidence and to obtain photographs.

A child injury case may be brought when an individual under the age of 18 is injured due to the fault of another person or organization. Examples of a child injury case include car wreck or semi-truck accidents, dog bites, daycare or caretaker abuse/negligence, birth injuries, burns, choking, drowning, or any other personal injury. The most serious child injury cases involve permanent injury or death. A guardian, usually the child’s parent, is appointed by the court to bring a lawsuit (if necessary) on the child’s behalf.

No. The laws have changed dramatically in recent years to protect child injury victims. Even in civil cases involving molestation, the identity of the child will be protected and the child will not be able to be cross-examined in the way the people sometimes see on TV and in the movies. The parent or guardian for the purpose of the litigation will be more involved in the lawsuit, and the child will usually be able to live their normal life without the lawsuit interfering in any significant way. In most instances, a case will settle outside of court and a lawsuit will not be necessary.

A child sex abuse attorney can help determine if the person who abused your child has insurance that might help your child heal from the significant harm they suffered. Because a child abuser doesn’t always have the means, assets, or insurance to pay for his victim’s injuries, it’s sometimes difficult for child abuse victims to receive compensation. Our attorneys will look at all options available for obtaining financial recovery. Money recovered can help with expenses related to your child’s health and future, including medical bills and counseling.

You may have a case. The most tragic injuries can happen during birth. Sometimes the birth injury is caused by negligence or malpractice. When this is the case, the pain and suffering and financial burden it causes can be eased by an award that compensates you for the full consequences of the injury and its long-term effects. In most cases, both the baby and the parents have the right to compensation. The first step when dealing with a tragedy like this is to talk with an experienced birth injury attorney.

In most cases, you won’t know whether your circumstances give rise to a valid medical malpractice claim until you have talked to an experienced birth injury lawyer. Doctors and medical facilities are governed by detailed professional standards of care during prenatal, delivery, and postnatal stages of pregnancy and birth. Anytime medical professionals fail to follow accepted procedures, injuries can result, and the doctors and hospital can be held accountable for medical malpractice.

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Real Stories

Mike Phillips

  • PREMISES LIABILITY
  • NECK AND BACK INJURY

When Mike suffered a back injury after falling down broken stairs at an apartment complex, he called Thomas J. Henry. This is his story.

James Cameron

  • 18- WHEELER ACCIDENT
  • NECK AND BACK INJURY

James was on his way to work when his car lost control due to a trucker spilling acid on the road. After suffering neck and back injuries, he called Thomas J. Henry. This is his story.

Zamrye Escamilla

  • 18-Wheeler Accident 

  • Back Injury

Zamyre underwent two back surgeries after being hit by a company vehicle. She chose Thomas J. Henry to represent her in her case. This is her story. 

Recent Results

This is just a small sampling of the results we have obtained for our clients. Please click through to view more verdicts, settlements, and judgments.
Trucking Accident
$50 Million

Net to Client: $27 Million

Expenses: $1.1 Million

Attorney Fees: $21 Million

NECK INJURIES

SPINE & BACK INJURIES

Trucking Accident
$35 Million

Net to Client: $22.2 Million

Expenses: $100 Thousand

Attorney Fees: $12.8 Million

WRONGFUL DEATH

Product Liability
$30.2 Million

Net to Client: $20.1 Million


Expenses: $39.6 Thousand

Attorney Fees: $10.1 Million

SPINE & BACK INJURIES

Premises Liability
$14.8 Million

Net to Client: $6.7 Million

Expenses: $652 Thousand

Attorney Fees: $7.4 Million

TRAUMATIC BRAIN INJURY

Medical Malpractice
$12.7 Million

Net to Client: $10.4 Million

Expenses: $300 Thousand

Attorney Fees: $2 Million

SPINE & BACK INJURIES

Company Vehicle Accident
$10 Million

Net to Client: $5.6 Million

Expenses: $125 Thousand

Attorney Fees: $4.3 Million

NECK INJURIES

SPINE & BACK INJURIES

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Customer Reviews

Jose Araujo

San Antonio

1 year ago

Mi abogado muy atento con todo me aludo i explicó muy bien I en la oficina todos muy amables I profesionales muchas gracias por todo

Saily Fuentesp

San Antonio

1 year ago

Super recomendado muy profesionales y rapidos tienen servicio en espanol y mantiene informada todo el tu caso

Javier Elias

Corpus Christi

2 years ago

Primero, si pudiera dar una calificación superior a 5 estrellas, lo haría por el excelente trabajo realizado por Thomas J. Henry y su equipo. Él es un gran representante legal y muy honesto.

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