This is the next article in our series on dealing with childcare injury cases in our area. Our last post discussed steps which parents should take after a child was injured at daycare. The first step is to obtain immediate medical care for one’s son or daughter. The second step is to contact a personal injury attorney to ensure that evidence is preserved and that your rights are protected. In this article, we will be discussing the steps involved in proving that the care provider is liable. If you or a loved one are in need of assistance then contact our office today to speak with a DFW area lawyer.
An injury attorney will demand that all evidence be preserved and will utilize the discovery process if necessary
Once a parent has retained an injury attorney then there are immediate steps which can be taken to preserve evidence and to begin building a record of what happened. The first step typically taken is that counsel will make a demand to the daycare facility that they preserve all evidence of the incident. This can include video footage, audio recordings, written logs, and more. Second, if the provider is denying liability, then counsel can send an investigator to speak with the parents of other children and other potential witnesses. If an ambulance was called, then obtaining 911 recordings and any police reports will also be a vital step.
If the opposing side denies liability then filing a lawsuit will likely be necessary. Once litigation has commenced then the parents, through their attorneys, may utilize a process known as “discovery” to obtain information from the daycare provider. Discovery provides several tools for obtaining this information. The other side can be required to provide written answers to written questions. They can also be required to provide records, photographs, video recordings, and other physical items. Additionally, relevant witnesses can be required to give sworn testimony in the presence of a court reporter. Should they attempt to alter their version of events at trial, then the transcript of their sworn testimony can be used to highlight the inconsistencies.
We have previously discussed the use and importance of discovery in car accident cases. As we discussed in that article, the process is crucial to having evidence which will be needed to prove a case. The rules of civil procedure and evidence are strict as to what evidence may, and may not, be used in Court. A parent will likely not be able to introduce evidence related to the case unless it has been properly obtained and/or produced. In other words, if the discovery process is not properly handled, a parent will likely not have needed evidence at trial. This can potentially result in an injured child receiving nothing.
Retain a Fort Worth childcare injury lawyer with the resources necessary to handle your case
When your son or daughter has been injured then it is strongly advised that you retain a personal injury lawyer who has both the resources and experience necessary to ensure that your case is handled correctly. The attorney will be responsible for paying the up-front costs of establishing the claim. Many firms employ third-party investigative services to explore the facts of what happened. Such services can quickly become expensive and the attorney will need to be prepared to pay this cost. Moreover, it may be necessary to utilize industry and medical experts as witnesses. The fees for such experts can quickly become expensive. Finally, counsel should be aware of issues to be identified through the discovery process. In other words, if your representative does not have the resources or experience necessary to handle the matter then you may be without needed information at trial.
Noteboom – The Law Firm has been representing injury victims in our area since 1982. We have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We also employ an on-staff investigator rather than using outsourced services. We focus solely on personal injury law and are proud of the results which we have obtained for our clients. If your son or daughter was injured then contact us today to speak with a Fort Worth childcare injury attorney. 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.