What Kind of Evidence Do I Need in a Daycare Injury Case in Austin, Texas?

When your child is injured at daycare, your first instinct is to ensure they’re okay by comforting them, getting medical help, and trying to understand what happened. But once the dust settles, many parents are left asking an overwhelming question: “How do I prove this shouldn’t have happened?”

At Bivona Law Firm, we work with families across Texas, including right here in Austin, who are trying to hold negligent daycare facilities accountable. These cases often come down to the evidence and what you can prove, not just what you know in your heart. And the sooner that evidence is gathered, the stronger your child’s case can be.

Here’s a breakdown of the key types of evidence that can support a daycare injury claim, and how we help families protect and present it effectively.

1. Medical Records Medical

Documentation is one of the most critical pieces of evidence in a personal injury case, especially for accidents at a daycare facility. These records show:

• The type and extent of the injury
• When treatment occurred
• Whether the injury is consistent with the explanation you were given

If your child was taken to the emergency room, urgent care, or pediatrician, request copies of all reports, scans, and follow-up notes. These documents can serve as a timeline and help establish causation, which is critical to any personal injury case.

2. Photographs and Videos

Visual evidence is an incredibly powerful tool, and one many people skip over it when in a panic. Take photos of:

• Your child’s injuries
• Torn or bloodied clothing
• Any visible hazards at the daycare (if safe and legal to do so)
• The area where the injury allegedly occurred

If the daycare has security cameras, we can formally request that footage be preserved before it’sdeleted, but time is of the essence. Most systems auto-delete within a few days.

3. Incident Reports or Daycare Logs

Texas daycares are required to document injuries and notify parents. Request copies of any:

• Incident reports
• Daily logs or communication sheets
• Written statements from staff

We often find that these documents contain inconsistencies or admissions that support your case. Don’t accept a vague or verbal explanation; ask for it in writing.

4. Witness Statements

If other parents, children, or staff witnessed the incident, or noticed unsafe conditions, their accounts can be beneficial. While it’s often sensitive to approach others, we can handle this discreetly and respectfully on your behalf.

Bivona Law Firm often interviews former staff or families who have had similar concerns, building a clearer picture of repeated negligence or unsafe patterns.

5. Licensing & Inspection Records

Daycares in Austin are regulated by the Texas Department of Family and Protective Services (DFPS). Facilities are inspected regularly, and violations are publicly documented. We investigate:

• Prior complaints
• Failed inspections
• Staffing violations
• History of injuries or abuse reports

This type of background evidence helps show whether the injury was a one-time event or part of a larger pattern of negligence.

Helping Austin Families Build Strong Cases from the Start

We know how overwhelming this process can be. You shouldn’t have to play detective while caring for an injured child. That’s where we step in to help.

Our team works closely with Austin families to gather evidence, preserve records, and build the strongest possible case so you can focus on your child’s recovery while we fight for justice. We move quickly and thoroughly because your child deserves nothing less.

The sooner you reach out, the more we can do to protect your child’s future and hold negligent daycares accountable.