Texas Daycare Accident Lawyers
Texas Daycare Accident Lawyers
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"I highly recommend attorney Fred Willumsen. He is professional, thorough, forthright, and kind. He communicated well throughout the process, took the time to answer any question I had, told me just how things were, whether good news or bad. He advised well on decisions I needed to make, and his support team did a great job in helping to navigate and resolved my case with the best results possible. Thanks again, Fred!"– A.M.
I worked with Donal McRoberts and I can say without hesitation that he is one of the most caring and hardworking people I know. He helped me through the absolute worst time in my life. Not only with my case but he made sure I was getting the medical help I needed too. I could never thank him enough for all he did. He protected me the whole time, never letting myself or anyone else put me in a position that could hurt me (mentally). If you are looking for someone to be on your side whether it is be a quick case or a long haul Donal is who you need hands down.– Abby F.
I love this law firm Dominic went above and beyond for my case, everything went very well. I’m so thankful for all of the help they gave me.– Breanna S.
Do not Make These 7 Personal Injury Case Mistakes
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Texas Daycare Accident Lawyers
With Personal Injury Law Offices in Houston and Katy
Dropping your child off at daycare each day requires a good deal of trust. When that trust is violated and your child is harmed while in daycare, it can create a lot of trauma for your child and your entire family. You have a right to pursue compensation for your child’s injury.
If you are visiting this page, it is likely that your child has been injured in an accident at their daycare. You are probably angry, frustrated and worried. The medical bills may be piling up, and you may be missing work to take care of your child, making your financial situation even more stressful. All of that is made more difficult by the process of looking for someone you can trust to help you with your claim.
Our Texas daycare accident lawyers are here to help you and your family. We offer free, legal consultations. Call Willumsen & McRoberts today to schedule an appointment with our Texas daycare accident lawyers as soon as possible.
You need not worry about having money upfront to pay. We offer free, initial consultations, so give us a call today.
Do You Need Legal Help?
In the meantime, the information on this page will give you some more detail on how daycare accident claims are handled. We will walk you through some common mistakes we often see clients make on these cases. Then, we’ll share with you a client narrative that will provide you with even more insights into claims like yours. Read this page all the way through to get as much useful information as possible.
Common Mistakes Made on Daycare Accident Claims
Sad to say, but many claimants inadvertently harm their own claims by making some of the following mistakes. Read on to learn what you should avoid doing so that you can protect the value of your claim.
Not Taking Your Child to the Doctor After the Accident
Most parents are proactive about getting their child medical care. If, however, in the aftermath of the daycare accident, you do not take your child to see a doctor, you are putting your claim at risk. Perhaps you have the best intentions and don’t want to expose your child to anymore stress. Whatever your reasoning, it is not a good idea.
Your child’s health and well-being depend on being seen by a doctor as soon as possible after the accident. You will also be protecting your claim by taking your child to the doctor, as it creates a timeline of events that will support your case down the line. Always make sure to take your child to get checked out after a daycare accident, even if they tell you they feel fine.
Not Sticking With Your Doctor’s Treatment Plan
Another mistake people often make with their cases is not sticking with their doctor’s treatment plan. You may think that your child is doing better or that you don’t have to finish an entire course of medication. Doing that, however, is never a good idea.
You need to follow your doctor’s orders to the letter. All of it is to the benefit of your child. Adhering to your doctor’s recommendations also protects your claim. If you do not ensure that your child follows every one of your doctor’s recommendations, the insurance company may use this to suggest that it is your fault that your child is not doing as well as they might. They will do this to try to reduce the amount they pay out on your claim.
Always follow your doctor’s follow-up plan for your child.
Giving a Recorded Statement to the Insurance Company
Shortly after your child’s daycare accident, you will likely hear from the insurance company about your claim. You will also likely hear a lot of sympathy on the other end of the line, as well as a request that you give a recorded statement.
Don’t trust those sympathetic expressions of concern and don’t give that statement. The insurance company is only pretending to have your best interests at heart. Their ultimate goal in contacting you and getting a recorded statement is to get you on the record saying something that damages your claim.
Maybe you say something you think is innocuous, such as “Oh, my child falls a lot. You know how kids are!” While this is a common enough statement to hear from a parent, the insurance company will twist these words against you, using them to suggest that your child was injured in some other way and not in the accident cited in the claim.
You are perfectly within your rights to refuse to give a statement. Even better, consider putting your Texas daycare accident lawyers in charge of all communications with the insurance company.
Delaying Hiring an Attorney
You very likely have your hands full in the aftermath of your child’s daycare accident. Your child may be in pain or distressed, and you might be hesitant to take time away from focusing on your child.
Delaying hiring an attorney, however, can seriously harm your claim. The insurance company for the daycare, for one, will already be on the case. What’s more, memories may fade after a time and witnesses you thought could vouch for your claim may forget or change their stories. Evidence can also disappear quickly after an incident like this.
An experienced lawyer will know exactly what to do and will get started on your claim right away, gathering evidence and witness testimonies. They can also get in touch with the insurance company and handle all communications and negotiations from Day One, so you can focus on taking care of your child.
Don’t try to go at it alone, either. Even if you are a lawyer yourself, you are far too distracted by your child’s distress and the strain of the situation to handle your claim on your own.
Get in touch with our experienced Texas daycare accident lawyers as soon as you can. Your claim may well depend on it.
Selecting the Wrong Attorney
Not all lawyers are created equal, especially when it comes to a nuanced case like a daycare accident claim. While your cousin’s friend may be the best tax attorney out there, he is not versed in personal injury law.
You would never hire a cardiologist to do your knee surgery or a dermatologist to perform cataract surgery. Hire a lawyer who specializes in claims like yours.
You also want an attorney who has plenty of experience in the courtroom and is willing to take your claim all the way to court, if need be. Having an experienced, trial attorney in your corner will also signal to the insurance company that you mean business and make them that much more likely to negotiate in good faith.
Texas Daycare Accident Story
The following client story will give you even more information into how daycare accident claims work. We have changed the personal details and names in the story to protect our client’s privacy, but the value of all this information remains the same. Read on to learn what you can expect in your Texas daycare accident claim.
One early spring morning not too long ago, Heath Anderson and his 2-year-old daughter, Sara, headed out the door, per usual. Their first stop would be daycare before Heath began his series of family errands for the day.
Heath had found himself in the role of ‘house husband’ and was delighted at how fast he had adjusted to this new normal. His wife’s job was stable and at a large regional company, while his freelance work had always been erratic. With Sara’s arrival, the family had decided that the best thing for all of them would be for him to stay at home for the first several years.
Sara still went to daycare three days a week in the morning. She loved being with the other kids, and Heath and his wife felt the socialization was essential for her in these early years. Plus, the extra few hours each day gave Heath time to run errands. Sometimes, he even managed to work on a few personal, writing projects for himself.
The daycare facility was a cheery enough place with pleasant staff. A new director, however, had recently stepped in when Ms. Conway, a well-loved fixture at the place, stepped aside for retirement. Heath wasn’t sure how he felt about the new lady, Ms. Ritchie. Her manner was pretty brusque with him and the other parents, and he wasn’t quite sure that she prioritized the children. She seemed to have ‘efficiency’ and ‘budget’ on the brain constantly—not the most comforting ideas when you’re dropping your baby off.
Sara was in good spirits this morning, however, and Heath pushed these thoughts away. Sara’s favorite daycare attendant, Monique, would be there today, and she was always happy to spend time with her.
When they arrived, Monique was already on the floor with a few of the other toddlers. Heath noticed that she was all alone— typically, there would be at least two attendants with the kids.
Monique smiled and greeted them brightly, inviting Sara to join in the circle of play.
“Alone today, huh?” Heath asked.
Monique tried not to roll her eyes, giving him a small smile. “Well, trying to be more ‘efficient’ here, I guess?” She gave him a bemused look before turning back to the kids. Heath gave Sara one last squeeze then headed off to run his morning errands.
One hour later, he was in a long line at the grocery store when his phone went off. He immediately got a pit in his stomach— it was the daycare facility. Why were they calling? Was Sara okay? Heath cleared his throat and answered the phone with as calm a voice as he could muster. “Hello, this is Heath Anderson.”
Monique’s hysterical voice almost jumped out of the other end of the phone. “Mr. Anderson, you need to get back here. There’s been an incident. Please, come quickly.”
By the time Heath arrived back at the daycare, an ambulance was on the scene. The knot in his stomach only tightened as he walked up to the front doors to see his little Sara being pushed out on a gurney to the waiting ambulance.
Monique was walking right beside her, trying to maintain some semblance of control but clearly distressed. Ms. Ritchie was just inside the door, a look of consternation on her face.
“What happened?!” Heath shouted, first at Monique and then in Ms. Ritchie’s direction. Ms. Ritchie responded by only pulling her thin mouth even tighter. Monique shot her a glance and seemed as if she were about to say something. Instead, she held back and only managed to mutter a weak “sorry” as Heath clambered into the ambulance beside Sara.
The story came out bit by bit over the next few days. It turned out Monique had, indeed, been alone all morning with the children. Sara had tried to climb a small bookshelf to reach one of her favorite toys and ended up pulling the piece of furniture on top of herself.
At the hospital, the medical team quickly assessed her. She had a concussion, bruised ribs, and a broken wrist. As soon as they had a chance, Heath and his wife reached out to our law firm for a consultation. They had three questions they wanted answered upfront: What would the cost be, how much would their claim be worth, and how long would the process take.
How much does it cost to hire a lawyer?
We met with Heath and his wife, Latosha, late in the afternoon on the day of the accident. Sara would be staying for observation overnight. Given her young age, the doctors wanted to monitor her concussion closely since she might not be able to tell her parents exactly how or what she was feeling.
Right off the bat, Attorney Willumsen told the couple they didn’t have to worry about paying anything upfront “These cases work on a contingency model. That means that we take care of the cost of the case. You only pay us when we reach a successful resolution with your claim.”
Heath and his wife seemed reassured. Heath then started giving us the details on the incident. It turned out, he heard from one of the other parents, that Monique had already complained to Ms. Ritchie about the unsecured bookshelf. The director, however, had not wanted to spend the extra money having a handy man attach it securely to the wall, as was usually done in daycare environments.
Heath looked to Attorney Willumsen, “Do you think we have a claim?”
Attorney Willumsen reviewed his notes and confirmed that, yes, they likely had a strong claim.
“We will do a thorough investigation, to be sure, but at this point, it seems clear that the daycare facility has some liability in this incident. In addition, it sounds as if they were understaffed and not providing the quality of care they should have been.”
How much is my claim worth?
“What do you think a claim like this is worth?” Heath’s wife asked. “The medical bills are already scaring me a bit.”
Attorney Willumsen explained that it would take some time to determine the true value of the claim.
“Every claim is unique. We never give a number at the top of a case. It wouldn’t be responsible. We need to run our investigation; plus, we need to wait and see how Sara is doing once she reaches what is known as ‘maximum medical improvement,” said Attorney Willumsen.
“Once we have an idea of what is going on with Sara from a medical perspective, we will be able to determine her damages. We’ll then reach out to the insurance company with a number and proceed from there.
“In the meantime, you two focus on taking care of this brave child. We’ll handle the details of the claim.”
How long will my claim take?
Heath and his wife smiled. “She is brave, if a little foolhardy! I hope we can move past this soon. How long will it all take?” Heath asked.
“We can’t accurately predict a timeline, just like we can’t guess at a claim value,” Attorney Willumsen replied.
“The timeline depends on two things: How long Sara takes to reach maximum medical improvement and the attitude of the insurance company.
“Once we know where she’s at medically, we will reach out to the insurer. If they are willing to negotiate and settle, things may move quickly from there. If they decide to be ornery, however, we may need to take things further and head to court.
“Don’t worry at all if that is the case. We are very experienced at taking cases just like yours to court, and we will be with you every step of the way. The insurance company knows our reputation, too. That might give them all the encouragement they need to settle quick. Either scenario, we’re ready.”
Heath and his wife were very happy with our answers to their questions and retained us that day. We are very happy to announce that Sara did well in her recovery and that we got the family five times what the insurance company initially offered.
Call Our Texas Daycare Accident Lawyers Today
We hope the information and client story we shared here has helped you understand more about your claim. As your next step, get in touch with our office today. Each case is different, and we would be happy to sit down with you to discuss your claim in a free consultation. You and your family have a right to compensation after your child’s injury. Contact the Texas daycare accident lawyers at Willumsen & McRoberts today.