What to Do After a Serious Daycare Injury in Austin

Step One: Focus on Your Child’s Medical Care

The first priority is making sure your child receives proper medical attention. Even if the daycare describes the injury as minor, trust your instincts. Children do not always show the full impact of an injury right away.

Serious daycare injuries may involve:

• Traumatic brain injuries,
• Broken bones,
• Choking incidents,
• Burns,
• Allergic reactions,
• Or injuries requiring emergency care

Ask medical providers to fully document the injury, symptoms, and recommended treatment. Medical records are essential not only for recovery but also for understanding the severity of what occurred.

Step Two: Request a Written Incident Report Immediately

After a serious daycare injury, one of the most important steps a parent can take is requesting a written incident report. Details can become unclear or change over time, and a written report helps preserve what the daycare says happened while the incident is still fresh.

A proper incident report should include:

1. The exact date and time of the injury
2. Where the injury occurred
3. What the child was doing right before it happened
4. Which staff members were supervising
5. What actions staff took immediately
6. Whether emergency medical care was contacted
7. When and how the parent was notified

Be cautious if the incident report is vague, missing key details, or minimizes the seriousness of the injury. You have the right to ask for clarification and additional documentation if something does not make sense. Make sure you don’t sign any documents if you don’t feel like you have a complete understanding of the incident.

Step Three: Document and Preserve Information

In the days following a serious injury, preserving information can make a significant difference.

As soon as possible, gather and save:

• Photos of bruising, swelling, cuts, or burns
• Medical records, discharge paperwork, and follow-up instructions
• Text messages, emails, or written communication from the daycare
• The names of staff members present
• Notes about what you were told and when

If the daycare has surveillance footage, request that it be preserved immediately. Many systems automatically overwrite video within days. Acting quickly helps prevent important evidence from being lost.

Step Four: Report Serious Safety Concerns to Texas HHS

While your child’s recovery comes first, reporting the injury can help protect other children.

We strongly encourage families to report serious injuries and safety concerns to Texas Health and Human Services Child Care Licensing, the agency that oversees daycare facilities and investigates safety violations.

Reporting can:

• Trigger an official investigation
• Reveal patterns of prior injuries or complaints
• Identify supervision failures or unsafe conditions
• Help prevent another child from being harmed

Even if you do not have all the answers yet, making a report ensures the incident is formally documented and reviewed.

Step Five: Understand Your Legal Options

Not every injury is unavoidable. Many serious daycare injuries happen because of inadequate supervision, unsafe environments, understaffing, or failure to follow basic safety rules.

When negligence plays a role, families may have the option to pursue a civil case. A civil case can help uncover what truly happened, hold the daycare accountable, and seek financial support for medical care, therapy, and long-term needs related to the injury.

Daycares and their insurance companies often move quickly to protect themselves. Having experienced guidance early can help ensure your child’s interests come first.

How The Button Law Firm Helps Families in Austin, Texas

At The Button Law Firm, we represent families across Texas in serious daycare and child injury cases. We understand how overwhelming it is to trust a facility with your child, only to learn they were not kept safe.

Our team works quickly to investigate injuries, preserve evidence, and pursue a civil case when daycare negligence played a role. If your child was seriously injured at an Austin daycare, you do not have to navigate this alone, and you can contact The Button Law Firm for a free and confidential case evaluation by calling 214-699-4409, emailing intake@buttonlawfirm.com, or filling out the contact form on our website.