Every day in Dallas-Fort Worth, children are injured. Most of the time it's a bump or a bruise that a quick hug from Mom and Dad can remedy. Other times, however, the injury is more serious. Board-Certified Child Injury Attorney Mark Anderson has over 20 years experience handling Texas child injury and daycare negligence cases, including child injury cases involving dog bites, playground accidents, swimming pool injuries, trampoline mishaps and more. No matter the type, if a child was hurt due to the negligence of a school, aftercare program, daycare center, bus driver or another party, that child and their family should not have to suffer the consequences.
By law, a hurt kid can't fight their own injury claim; their parents must do it for them. However, child injury law isn't exactly like it is for adults. Most parents choose to hire an expert to help ensure they win their child maximum compensation to cover their injuries, pain and suffering.
Award-Winning Child Injury Lawyer
The Anderson Law Firm's founder Mark Anderson is a trusted attorney in North Texas. Mark was named a Top Attorney by Fort Worth Magazine, and he's been recognized as a Super Lawyer by Thompson Reuters for three years running. He is rated A+ by the Better Business Bureau and is ranked in the top one percent of practicing attorneys in the United States by the National Association of Distinguished Counsel.
Featured Daycare Negligence Case
$120,000 Dallas Daycare Neglect Result to Injured Child and Their Family
When Tony's parents put him into daycare, they trusted the adults to take care of him. Unfortunately, the daycare failed that duty not once but twice. In the first accident, a caretaker slammed Tony's finger in a door, partially severing it. Tony was rushed to the hospital to have surgery performed. In the second incident, Tony was not being properly watched and fell, suffering a fractured clavicle.
What Our Child Injury Attorneys Can Do For You
We'll Explain Your Child's Rights and Your Rights as Their Parents
We know that Texas child injury law can be tedious. We wish the justice system was more straightforward, but there are reasons it is the way that it is. If your child was hurt in an accident and other party is at-fault, you have a right to pursue a claim for compensation to cover things like medical bills and emotional trauma. In order to do this, however, you'll need to establish negligence. This means you have to prove that the other party, be it a bus driver, daycare provider or the likes, directly caused injury to your child.
We'll Help Establish Negligence
Child injury law can be very tricky business. It's for this reason that lots of parents choose to hire an attorney to handle their child's case. Here at the Anderson Law Firm, we have over 40 years of combined experience winning Texas child injury cases. We know exactly what to look for, who to call and how to construct your case in the right way in order to convince an insurance company or jury to pay you and your child the money you deserve.
An example of negligence would be if the school hired a bus driver with a poor driving record, and then that bus driver went on to wreck the bus. The school knew the driver was unfit for the position but hired them anyway. Another example would be if a daycare provider failed to pay close attention to their group and a child went missing, perhaps wandering away and getting hurt in the process. These are things people knowingly do, and those actions put your children at risk.
In order to win your case we'll need to prove negligence, and we know how.
We'll Get Your Child the Compensation They Deserve
If your child was hurt in an accident, they shouldn't have to pay the price. Under Texas law, children are entitled to compensation for their medical bills, pain and suffering. The Anderson Law Firm can help them get it.
Child Injury Cases We Represent
Here is a sample of a few kinds of child injury cases Attorney Mark Anderson and the Anderson Law Firm have experience handling:
- Children hurt in car accidents
- Daycare injuries
- Children bit by dogs
- Child brain injuries
- Trampoline injuries
- Swimming pool injuries
- School bus wrecks
- Playground injuries
Child Daycare Injuries: A Brief Overview
According to childcareaware.org, there is an estimated total of 11 million children who are currently enrolled in child daycare programs in the United States. There are currently 9,439 licensed child daycare centers.
According to the “Administration for Children and Families (Office of Child Care),” a division of the United States Department of Health and Human Services, unintentional fatal injuries are most common among infants. In 2010, per 100,000 children, there were 28.1 injuries for children who were under a year old and 3.7 unintentional injuries for children who were between the ages of five and nine years old.
According to the Childcare Aware organization, 1,030 of 1,362 fatalities that happened in child daycare centers specifically occurred at home-based care. This amount means that nationally, an estimated 75.6% of fatalities occurred at a home-based daycare center.
For the State of Texas, according to the DFPS, home-based child daycare centers are common. Currently there are 1,720 licensed child care homes in Texas, 4,678 registered child care homes, and 5,026 listed child care homes.
“Licensed” child daycare centers are those that have met state standards, background checks, and inspections. “Registered” child daycare centers are those that have registration certificates and are inspected every one to two years, and “listed” child daycare centers are those that have been background checked but are not inspected.
Common Causes of Daycare Injury
Unequal Child to Staff Ratio
Having an uneven distributed teacher-to-student ratio can cause series of events that lead to an injury. The National Association for the Education of Young Children recommends that for a group of 20 children in the kindergarten age-range, there should be a teacher for every ten children. Anything over this ratio can result in negative consequences for the teacher and the children at the daycare center.
Unsupervised Areas and Carelessness
Children should be visible at all times. If a child is hurt because they ventured into an area out of the adult's sight, this could be a case of negligence.
Inexperienced teachers sometimes allow children play in areas or do things that would otherwise be off limits. Centers short on staff who need to meet their daycare ratios might be quick to hire an inexperienced worker or fail to train new hires properly.
Signs of a Child Daycare Negligence
Obvious Cuts or Bruises with No Explination
If your child suffered an injury during their time at daycare, the center should notify you immediately. If your child comes home with a new injury and you weren't notified, this raises many questions. Did the daycare center even notice your child's injury? They certainly should have, since it's their duty to watch all children at all times. If they did notice and didn't tell you, why not? Are they understaffed? Did someone at the center make a mistake? These are all valid questions that deserve thorough answers.
Serious Injury with No Medical Action Taken
Accidents happen. However, it's a daycare's duty to prevent injury whenever possible, and to act quickly if an accident does occur. If your child suffered a serious injury like head trauma or a sprained or broken bone, the daycare should notify you immediately and take appropriate medical steps, which can include an emergency trip to the hospital. If they do not, they could be found negligent.
Unexplained Changes in Behavior
Not all daycare negligence cases have to do with physical trauma. Sadly, emotional trauma and abuse are common, too. Some signs of child abuse include:
- Speech disorders that aren't usually present
- Nervous disorders like skin rashes, hives and excessive nervous behavior
- Significant weight loss or weight gain
- Habits like rocking or head banging
- A sudden increase in behavioral outbursts or extremes; trouble controlling emotions
- Lack of trust in relationships
- Unexplained and recurrent injuries, like scrapes, cuts and bruises
- Sudden fear of adult contact
- Feelings of abnormal hunger when the child arrives home
This list covers just a few of the many signs and symptoms of child abuse. Always pay attention to any change in your child's behavior, as it could be a sign of negligence on the part of the child care center.
What to Do If You Suspect Daycare Abuse or Negligence in Texas
If you think your child might be the victim of daycare negligence or abuse, pull them from the center immediately and seek help. You can report your concerns to your child's doctor. (Remember, doctor's are legally obligated to report signs of child abuse). Additionally, you can contact the local police to file a report. Afterwards, a social worker will contact you to discuss the occurrence.
Last, you can consult us here at the Anderson Law Firm. Our attorneys can help ensure your legal rights as a parent and can advise you on the next best steps to take.
Schedule Your Free Case Review Today
Mark has successfully handled a wide variety of lawsuits involving injuries to children. As a father, he's especially determined to get justice for injured children and their families, and is a strong voice for all the injured children he represents.
Call us now or contact us online to schedule your free case review today.