In Texas and other States, children are the unfortunate and tragic victims of day care center abuse, neglect, and carelessness. When a child is harmed in the form of personal injuries, there may be a case or claim pursued on behalf of the injured child for compensation or damages. This is commonly referred to as a personal injury insurance claim or civil case. It should be noted that a civil case is different than a criminal case.
A criminal case is pursued by local law enforcement and the prosecutor or district attorney. When there is a crime committed whether it is intentional conduct or grossly reckless conduct, the criminal case focuses on the crime committed rather than the ability to collect compensation or monetary damages from the criminal defendant or day care center operator. The successful pursuit of the criminal case also does not depend on the existence or amount of liability insurance coverage.
A civil case is pursued by the family of the injured child through the services of a Child Injury Lawyer. From a legal standpoint, there are four elements to establish in a civil case: