child abuse at daycare

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child abuse at daycare

My daughter was hit by the owner of the daycare she use to attend. The owner has been arrested for it and the DA has informed us her attorney will be

contacting us. Can someone explain what he may want from us? Can I sue

her and the daycare?

Asked on March 9, 2016 under Personal Injury, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The owner's attoreny may want to offer you a settlement or they may want to get a feel for how you want the case (civil and criminal) to be resolved.  If they call you, I would suggest that you simply listen, take notes on what they tell you or suggest, and then conclude with a simple:  'before we talk more, I would just really like to process what you just told me... what is the best number to call you back on.'  Don't give details.  Don't tell them what you want or don't want.  Just listen until you have a chance to visit with the DA more and a private attorney.
With the DA, you need to have them go over with your potential sentencing options and restitution requirements (i.e. for medical or counseling bills for your daughter).  You need to know what they intend to do or not do... so you can then make a decision on whether to explore other civil options. You should also visit the DA victim coordinator to see what victim assistance programs you family qualifies for. (counseling services, mileage reimbursement, etc.) 
You also need to visit with a civil, personal injury attorney.  (Not a car wreck attorney).  With them, you also need to review options for settlement, how to file a claim on the day care's insurance policy, and what is a reasonable claim to make in light of the injuries your daughter suffered.
Once you visit with the civil attorney and DA, you'll then be able to make an educated decision.  It's a tough call to make.  If this was a major injury to your child, restitution may not be sufficient and jail time may be necessary for the mental health of your daughter... knowing that someone who abused her is behind bars and won't harm her.  However, it's tougher to get restitution on jail case.  If a permanent injunction to stay away from your daughter with a restitution plan is sufficient, you may want to lean towards a combination of civil and criminal relief.  If the DA handling your case is an idiot or doesn't care about justice for your daughter, then you may be stuck with the civil relief for any real relief.  I know this is somewhat vague... but until you visit with the DA and the civil attorney, you won't be able to pin point the pros and cons of each of these options. 


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