Statute of Limitations in a Daycare Abuse Case

How long do I have to file a daycare abuse lawsuit in Texas?

Statute of Limitations for Daycare Abuse

Time Limit on Filing a Lawsuit

A child should never have to endure abuse at a daycare facility, and a parent should never have to be placed in the situation to have a child injured by a child care company.  In the event of injury of a child at these facilities, we have to stress the importance of acting quickly in regard to legal action.

The statute of limitations in a daycare abuse cases is limited to two years – but minors are allowed to file a lawsuit until 2 years after their 18th birthday.  The reason for a statute of limitations is that after time evidence can disappear, memories of those parties involved can dissolve, businesses at fault can close down, witnesses to the abuse can move on, and the case itself can become difficult to present in court.  The faster a case can be developed after an incident involving injury at a daycare, the stronger of evidence that can be presented in court.

In the state of Texas, a typical personal injury claim is limited to two years, except when the victim is a minor (under 18 years of age).  In this case, the two year statute of limitations does not begin until the victim reaches 18 years of age; essentially allowing injured minors until their twentieth birthday to file an abuse lawsuit.  However, the longer a victim delays filing a claim, the less of a likelihood a case will hold up in court.  The best option for a family would be to speak with a lawyer as soon as possible following the incident.

As a parent, if you are suspicious of your child being injured or abused at a daycare facility, take action immediately.  Speak to the child, look for signs in a child’s behavior and speech, and look for physical bruises or marks on the child’s body.  If signs of abuse are apparent, or if the child can attest that they were abused by a daycare worker, quick action should be made to ensure your best chance at winning.

In the event of child abuse at a daycare facility, the best plan of action for a parent is to contact a lawyer on behalf of the child, and provide information to help explain your situation.  Do not allow the passage of time to weaken your case, or even worse, eliminate the option to present a claim.  If you or someone you love has been abused at a daycare center please contact a personal injury lawyer at Rasansky Law Firm.

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