How Long Do I Have to File a Daycare Injury Claim in Texas?

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How Long Do I Have to File a Daycare Injury Claim in Texas?

When your child comes home from daycare with an unexplained bruise, a broken bone, or worse, the first thing on your mind is not a legal deadline. That is completely understandable. But in Texas, the clock on your right to file a claim starts running quickly, and missing it can cost your family any chance at compensation. If your child was hurt at a Houston daycare, knowing the time limits that apply to your case is one of the most important things you can do right now. Gustin Law Firm, based in Houston, Texas, represents families whose children have been injured through daycare negligence, and we are ready to help you understand your options. Call us today at (713) 491-4792 for a free consultation. This page is prepared under the supervision of attorney Gustin of Gustin Law Firm.

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The Two-Year Rule: Texas’s Basic Filing Deadline for Daycare Injury Claims

Texas law sets a firm deadline for filing personal injury claims, including those involving daycare injuries. Under Texas Civil Practice and Remedies Code § 16.003(a), a person must bring suit for personal injury not later than two years after the day the cause of action accrues. In plain terms, that means you generally have two years from the date your child was hurt to file a lawsuit against the daycare facility or its staff.

This two-year window applies whether the injury resulted from a fall on unsafe playground equipment, a staff member’s misconduct, overcrowded conditions, or a failure to supervise. The clock typically starts on the day the injury happened. If your child was hurt at a daycare near the Galleria or out in Katy, that date matters. So does every day that passes without action.

Missing the statute of limitations almost always results in permanent dismissal of the case, regardless of how strong the liability evidence or how severe the injuries are. That is not a technicality, it is the law. Once the deadline passes, a judge can throw out your case before it ever gets to trial. The daycare’s insurance company knows this, too. They may stall or delay responding to your calls, hoping the deadline slips by.

Acting early gives your Houston daycare injury lawyer time to gather evidence, interview witnesses, and review the daycare’s licensing history with the Texas Department of Family and Protective Services. Surveillance footage gets deleted. Staff members move on. Incident reports disappear. The sooner you act, the stronger your case will be. Do not wait until the deadline is close to start looking for help.

How the Deadline Works Differently for Injured Children in Texas

One of the most misunderstood parts of Texas injury law involves how the two-year deadline applies to children. Texas tolls the statute of limitations for individuals under 18 years old and people who are mentally incapacitated or “of unsound mind” when the cause of action accrues, under Texas Civil Practice and Remedies Code § 16.001. “Tolling” means the clock pauses. For a child injured at a Houston daycare, the two-year period for the child’s own claim does not start until their 18th birthday.

When a minor under 18 is injured, the statute of limitations is tolled or paused until they reach age 18. A 10-year-old injured in an accident has until age 20 to file suit, and parents can file suit on behalf of minor children before the child turns 18. So the child’s independent right to sue survives into adulthood.

Here is where it gets critical for parents. Your claim as a parent is separate from your child’s claim. Parents are entitled to bring separate claims for medical expenses incurred before the child turns 18 under Texas Family Code § 151.001(c), and these parental claims are not tolled and must be brought within two years of the incident. That means if your child was hurt at a daycare near the Texas Medical Center and you paid the emergency room bills, you have two years from the injury date to file your own claim for those costs. Waiting because your child is young could mean losing your right to recover those expenses entirely.

This distinction matters in real cases. A toddler injured at a daycare in the Heights or a special needs child hurt at a facility in Pearland may have extended rights, but the parents’ financial claims do not get that same extension. Talk to a daycare injury attorney as soon as possible to understand exactly which deadlines apply to your family’s situation.

Exceptions That Can Extend or Pause Your Filing Deadline

Texas law recognizes that not every injury is obvious right away. Some situations allow the two-year deadline to be paused or extended. Understanding these exceptions can be the difference between having a valid claim and losing it entirely.

The discovery rule is one of the most common exceptions. The discovery rule applies when injuries are inherently undiscoverable at the time they occur. Under this exception, the statute of limitations begins when the injury is discovered or reasonably should have been discovered. This matters in daycare cases involving abuse, head injuries, or emotional trauma that may not show symptoms immediately. If your child suffered a brain injury from being shaken and it was not diagnosed until weeks later, the clock may start from the date of discovery rather than the date of the incident.

Concealment is another factor. If a daycare facility covered up what happened to your child, hid incident reports, or gave you false information, Texas courts may give you additional time to file once the truth comes out. Daycare licensing violations and DFPS investigation records can sometimes reveal a pattern of concealment that supports this argument.

If the defendant who caused your child’s injury leaves Texas and becomes unavailable for service of process, the statute of limitations may be paused while they are absent from the state. However, this exception is narrowly limited. Under Texas Civil Practice and Remedies Code § 16.063, tolling only applies when the defendant is completely unavailable for service and not subject to Texas long-arm jurisdiction.

There is also an extended limitations period under Texas Civil Practice and Remedies Code § 16.0045 for certain personal injury claims involving sexual crimes against children. If your child suffered abuse at a daycare, that specific statute may apply and give your family significantly more time. Every exception has its own rules and requirements, so working with an experienced personal injury lawyer in Houston is essential to knowing which ones apply to your case.

Wrongful Death Claims: When a Child Dies Due to Daycare Negligence

No parent should ever face the loss of a child because of daycare negligence. If the unthinkable happens, Texas law provides a legal path for families to seek accountability. A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death, and the cause of action accrues on the death of the injured person. This means the two-year clock for a wrongful death claim starts on the date of death, not the date of the original injury.

Under Texas Civil Practice and Remedies Code § 71.004, a wrongful death action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. If a child dies due to a daycare’s failure to supervise, unsafe conditions, or staff misconduct, the parents have the right to bring this claim. If no eligible family member files within three calendar months of the child’s death, the executor or administrator of the estate may bring the action on the family’s behalf.

Texas law also allows a survival claim under Texas Civil Practice and Remedies Code § 71.021. Wrongful death claims fall under Texas Civil Practice and Remedies Code 16.003(b). A survival claim covers the child’s own pain, suffering, and medical expenses before death, and it survives to the benefit of the child’s estate. These are two separate legal claims, and families may be able to pursue both.

If your family is facing this kind of tragedy anywhere in the Houston area, whether near I-45, the Gulf Freeway, or in communities like Sugar Land or Pasadena, Gustin Law Firm is here to stand with you. We handle these cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Please note that litigation expenses such as court costs and expert fees may be deducted from any gross recovery. Call (713) 491-4792 to speak with us today.

Why Acting Quickly Protects Your Daycare Injury Claim in Houston

Even when the law gives you two years, waiting is rarely in your family’s best interest. Evidence in daycare injury cases disappears fast. Security camera footage from a daycare near Westheimer or in the Montrose area may be overwritten within days. Staff members who witnessed the incident may leave the facility. Incident logs can be altered or go missing. The sooner you act, the better your chances of preserving the evidence needed to build a strong claim.

Filing early also gives your attorney time to investigate the daycare’s full history. This includes checking for prior DFPS violations, staff-to-child ratio violations, and any prior incidents involving the same staff members. A facility that has been cited for overcrowding or licensing violations before may have a documented pattern of negligence that strengthens your case significantly.

Insurance companies know the deadlines, and they may drag out the claims process in hopes you miss the filing deadline. A daycare’s insurance carrier may seem cooperative at first, but their goal is to minimize what they pay out. Having a lawyer in your corner early sends a clear message that your family is serious about holding the daycare accountable.

Gustin Law Firm has recovered over $50 million for injured clients and their families across Houston and the surrounding area. We take daycare injury cases seriously because children deserve to be safe. If your child was hurt due to a daycare’s negligence, whether through a fall, a head injury, a burn, a broken bone, or any other harm, contact Gustin Law Firm today at (713) 491-4792. Our office is in Houston, Texas, and we are ready to fight for your family.

FAQs About How Long You Have to File a Daycare Injury Claim in Texas

How long do I have to file a daycare injury claim in Texas?

In most cases, you have two years from the date of your child’s injury to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003(a). This deadline applies to negligence claims against daycare facilities and their staff. Missing this deadline almost always bars your right to compensation, so contacting a Houston daycare injury lawyer as soon as possible is important.

Does the two-year deadline apply to my child’s claim, too?

Not in the same way. Under Texas Civil Practice and Remedies Code § 16.001, the statute of limitations is tolled for minors until they turn 18. This means your child generally has until their 20th birthday to file their own claim. However, your claim as a parent for medical expenses and other costs is subject to the standard two-year deadline and is not tolled. Do not wait just because your child is young.

What if I did not realize my child was injured until later?

Texas recognizes the discovery rule, which can delay the start of the two-year clock until the injury was discovered or reasonably should have been discovered. This may apply in cases involving head injuries, internal injuries, or abuse that was not immediately apparent. Courts decide whether this exception applies on a case-by-case basis, so speaking with an attorney quickly is important.

What happens if the daycare tried to cover up what happened to my child?

If a daycare facility concealed facts about your child’s injury or gave you false information, Texas courts may allow additional time to file once the truth is uncovered. Concealment can also be evidence of gross negligence, which may support a claim for exemplary damages under Texas Civil Practice and Remedies Code Chapter 41. Document everything and contact Gustin Law Firm at (713) 491-4792 right away.

Can I still file a claim if my child died due to daycare negligence?

Yes. Texas Civil Practice and Remedies Code § 16.003(b) gives surviving parents two years from the date of the child’s death to file a wrongful death claim. The clock starts on the date of death, not the date of the original injury. Under Texas Civil Practice and Remedies Code § 71.004, this action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. A survival claim for the child’s own pain and suffering may also be available. Contact Gustin Law Firm in Houston at (713) 491-4792 to discuss your family’s rights.

More Resources About Parent Action & Guidance After a Daycare Injury

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