Daycare Injury Statute of Limitations in Texas
When parents place their children in daycare, they trust that caregivers will provide a safe and nurturing environment. Unfortunately, accidents and negligent conduct can lead to serious daycare injuries.
If your child is hurt at a daycare facility in Texas, understanding the statute of limitations is critical because waiting too long to take legal action could jeopardize your ability to recover compensation.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit. In Texas, most personal injury claims must be filed within two years of the date the injury occurred. If a lawsuit is not filed before the applicable deadline expires, the court may dismiss the case, regardless of how strong the underlying claim may be.
For daycare injury cases, determining the exact deadline can be more complicated because Texas law provides special protections for injured children.
How the Statute of Limitations Applies to Daycare Injuries
Many daycare injury claims arise from negligence.
Examples include:
- Inadequate supervision
- Unsafe playground equipment
- Failure to maintain a safe facility
- Improper staff training
- Choking incidents
- Falls and head injuries
- Physical abuse by caregivers
In a typical negligence case involving an adult, the injured person would generally have two years from the date of the injury to file a lawsuit. However, when the injured party is a minor, Texas law treats the situation differently.
Special Rules for Injured Children
Texas law recognizes that children cannot protect their legal rights independently. As a result, the statute of limitations is generally “tolled,” or suspended, while the child is under 18. A person younger than 18 is considered under a legal disability, and the time during that disability is not counted toward the limitations period.
In practical terms, this means an injured child may have until their 20th birthday to file a personal injury lawsuit. For example, if a child suffers a serious injury at a daycare center at age 10, the child could potentially file a lawsuit at age 20.
While this extended timeframe exists, families should not assume they should wait years before pursuing a claim.
Why Parents Should Act Quickly
Even though a child’s claim may be preserved for many years, valuable evidence can disappear over time. Surveillance footage may be deleted, staff members may leave the facility, and witness memories can fade.
Prompt action can help preserve:
- Incident reports
- Security camera recordings
- Medical records
- Witness statements
- Employment and training records of daycare staff
An attorney can also investigate whether the daycare violated state regulations or licensing requirements, which may strengthen the claim.
Parents May Have Separate Claims
One important issue many families overlook is that parents may have their own claims arising from the child’s injury. For example, parents often incur medical expenses and other financial losses after a daycare accident.
Unlike the child’s claim, a parent’s individual claim is generally not tolled until the child turns 18. Instead, parents typically must file their own claims within the standard two-year limitations period. Missing that deadline could prevent recovery for certain damages, even if the child’s claim remains viable.
Wrongful Death Cases Involving Daycare Negligence
In the heartbreaking event that a child dies due to daycare negligence, Texas law generally provides a two-year statute of limitations for wrongful death claims. The deadline typically begins on the date of the child’s death.
Because wrongful death cases involve unique legal requirements and significant damages, families should seek legal guidance as soon as possible.
Contact a Dallas Daycare Injury Lawyer at Benton Accident & Injury Lawyers for a Free Consultation
Although Texas law may extend the deadline for an injured child’s claim, parents may face much shorter filing deadlines. Acting quickly can help preserve important evidence and protect your family’s legal rights.
If your child was injured at a daycare facility, contact a Dallas daycare injury lawyer at Benton Accident & Injury Lawyers today. We offer a free consultation and can help you understand your legal options and pursue the compensation your family deserves.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
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About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
