This is the next article in our series on personal injury cases in the DFW area which stem from daycare accidents. Our last article discussed how parents can prove that childcare was responsible for an accident. It is important to understand that proof of negligence must be methodically obtained through investigation and discovery. Not following this process can result in a family not having needed evidence at trial. An experienced attorney can help to ensure that your case is handled correctly. In this article, we will be discussing how damages are calculated in such a case. If you are in need of assistance then contact our office today to speak with a personal injury lawyer.
Daycare injuries can result in compensatory damages and punitive damages in extreme cases
When a child is injured, they and their family may be entitled to compensation. “Compensating” a victim comes in the form of “compensatory” damages. These are broken down into two parts. First, economic damages include money already expended for medical bills as well as projected future medical and care expenses. Such damages also include compensation for future lost wages, if it is believed that the child has suffered a permanent injury which will impair their lifetime earning potential. Second, compensatory damages include money for “pain and suffering.” This involves time expended in dealing with the situation, payment for stress, aggravation, and distress, as well as payment for scarring and loss of life enjoyment which the child can be expected to endure. Determining past medical expenses is simply a matter of adding up the bills, while future care and suffering will require projections.
Texas’ comparative fault laws will apply to a childcare-related injury. We have previously discussed, for example, how comparative fault applies in a Texas slip and fall case. The same concepts would apply to children and their parents. If a jury finds that the accident was more than fifty percent the fault of the Plaintiffs, then the child and their family will be barred from recovery. If, on the other hand, the jury finds that the family was partially, but less than fifty percent, responsible for the accident then their compensation would be reduced by their share of the blame. So, as an example, if it is shown that the defendants were only seventy percent responsible for the incident, and total damages are $1,000,000, then the family will receive $700,000 ($1m * 70%). Whether or not there are issues of comparative fault in a case will always depend on the specifics of the matter.
In some cases, the child and their family may also be entitled to punitive damages. While compensatory damages are meant to “compensate” a child and their family for their losses, punitive damages are meant to “punish” wrongdoers for egregious conduct. It must be understood that punitive damages are not available in matters where the injury resulted from negligence. Such damages will typically only be available if the wrongdoer acted intentionally or with reckless disregard for public safety. Examples of this, in a daycare situation, can involve the childcare knowingly employing dangerous individuals, consciously choosing to leave dangerous conditions in place so as not to spend money on repairs, etc. Punitive damages are generally capped in Texas at either $200,000 or $750,000, depending on the circumstances. Punitive damages will not be subject to comparative fault calculations.
DFW area families may file a “loss of consortium” claim against a childcare provider
The parents and family members may file a “loss of consortium” claim against a childcare provider after their son or daughter has been injured. Such claims are related to the loss of “love, affection, and companionship” after a child has been injured. Losing out on any of the joyful moments, which are expected from parenthood, can give rise to such a claim. The value of such claims will depend on the specifics of the case, but can be substantial. An attorney will give you an honest assessment as to the value of any loss of consortium claim, as well as the value of the types of damages discussed above.
If your son or daughter has been injured then it is important that you take immediate action. Noteboom – The Law Firm has been assisting Fort Worth area residents since 1982. We understand the serious nature of such situations. If you are in need of assistance then contact us today to speak with a DFW childcare injury lawyer. We look forward to speaking with you. In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.