Settling vs. Suing After Daycare Injuries in Austin, Texas: Understand Your Rights

When your child has been injured at daycare, the emotional weight is already enormous. The last thing you want to deal with is the stress of navigating the legal system alone. You may wonder whether to settle quietly with the daycare’s insurance company or take the matter to court. It’s not an easy decision, and it shouldn’t be one you have to make without support.

At Bivona Law Firm, we help families across Austin and throughout Texas understand their options after a daycare injury. Every case is different, and what's right for one family might not be right for another. At Bivona Law Firm, we take the time to learn your story, explain your legal choices, and fight for the outcome that protects your child’s future, whether negotiating a fair settlement or going to trial.

Here’s what parents should know about settling vs. suing after a daycare injury in Austin.

What Does It Mean to Settle a Daycare Injury Case in Austin, TX?

A settlement happens when the daycare’s insurance company agrees to pay compensation without going to court. This can happen before a lawsuit is ever filed or at any point during the legal process.

Benefits of Settling:

• Faster resolution (often within months)
• Less stress and emotional toll
• More predictable outcome
• Private agreement (court records are often public)

Settlements can be a good option when the evidence is strong and the daycare or its insurer is willing to cooperate in good faith. Unfortunately, that isn't always the case. At Bivona Law Firm, we negotiate from a position of strength, and we don’t back down when insurance companies try to lowball or delay. If a fair settlement can be reached, we’ll help you get it. If not, we will take your case to court.

When Is It Better to Sue?

Sometimes, settling isn’t enough. If the daycare refuses to take responsibility, or if they offer far less than what your child’s injuries and suffering are worth, filing a lawsuit may be the only path to real justice.

You may need to sue if:

• The injury was severe or life-changing
• There is evidence of gross negligence or abuse
• The daycare’s insurance refuses to settle fairly
• You want to hold the facility publicly accountable

Lawsuits can take longer, sometimes over a year, but they also give your family a voice in court and the potential to recover full and fair compensation through a jury verdict. They also raise concerns in your community and allow more people to come forward with similar situations or become aware of the situation at hand.

How Bivona Law Firm Helps You Choose the Right Path

This decision doesn’t have to fall on your shoulders alone. When you work with our team at Bivona Law Firm, we handle everything, from gathering evidence to speaking with insurers to preparing your case for trial if needed.

We’ll give you honest, straightforward guidance about:

• The strength of your case
• What a fair settlement should look like
• Whether a lawsuit gives you a better chance at justice

Most importantly, we’ll never pressure you into a settlement just to close a case. If the daycare or its insurance company refuses to take responsibility, we won’t hesitate to sue them and fight for your child.

You Deserve a Legal Team That Puts Your Family First

Daycare injury cases are never just about money. They’re about accountability, closure, and protecting other children from harm. At Bivona Law Firm, we’re proud to support families in Austin and across Texas through every step of the legal process.

Whether you choose to settle or sue, we’ll help you make the decision that’s right for your family and child, not what’s easiest for the insurance company. And if that means going to court, know this: we will fight for you every step of the way because justice for your child is what is most important to us. Reach out today for a free consultation.