Legal Question in Personal Injury in Texas

Child hit in head at daycare by caregiver
My 14 mo (at the time of incident)old daughter was struck in the head by her caregiver at KinderCare Learning Center. The caregiver was terminated, the Texas Department of Protective and Regulatory Services was called to investigate. The daycare was charged with violating Standard/Rule/Law 5100C2 - No shaking, biting, hitting by staff. They were also charged with violating S/R/L 3300B1d Staff Responsibilities - Working with Children...The investigation conclusion stated that preponderance of the evidence supported the allegations. I was called after the fact, I removed my child immediately, made other arrangements and didn't take her back...filed a police report. They closed case, caregiver was gone, couldn't find her, nothing they could/would do with it. Took her to the dr., she was determined to be ok as far as they could tell. We have a friend that has mediated with KinderCare and they have offered a settlement of $2500. Is that standard or should we press for a higher dollar amount. Thank you.

Asked on 1/21/04, 1:37 pm

Dan Street Street Law Firm

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Re: Child hit in head at daycare by caregiver

With only one doctor visit and no apparent injuries, I think $2,500.00 is reasonable.

Answered on 1/21/04, 3:42 pm

Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

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Re: Child hit in head at daycare by caregiver

Its hard to say from just this information but the offer does seem a bit light.

Answered on 1/21/04, 3:52 pm

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