Gilbert Concussion Lawyers

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The information below will give you an overview of a concussion injury claim. We’ll begin by going over the most common mistakes people make in their claims in Gilbert. Then, we’ll share a former client’s story to illustrate some of the other points you need to know. Be sure you read through to the end.

Common Concussion Injury Mistakes

There are several mistakes you can make that can harm your claim. Please read each of them, so you don’t make the same errors and lower the value of your claim.

Not Getting Medical Care After a Concussion Injury

There are a few reasons people skip seeking medical attention after a concussion. You may not think your injury was that bad, or may not realize you’ve been injured at all. You may be embarrassed and not want to make a problem for someone else.

No matter how you have endured a concussion injury, it is important to speak up and get checked out. This is especially true with head injuries, as the damage is often not visible to the eye. In addition, if you were hit very hard, you may also not even realize you’ve been hurt.

When we get injured, the body is flooded with stress hormones that are meant to help you survive. In the modern era, however, they often only serve to hamper our realization of just how badly we are injured. This is because the rush of adrenaline and cortisol raise a person’s pain threshold, often preventing them from feeling the extent of their injuries until hours later.

You need to leave this determination to medical professionals. Head injuries can cause long term problems; you must put your health before your pride.

This is also true if you are worried about causing someone else a problem. You may be on a sports team in the middle of a game that is important, or you may be at work with a lot of responsibility. Either way, the sports team or work team is going to want you to be safe and healthy. Get the medical attention you need to determine the true extent of your injuries, protect yourself from further injury, and help you heal.

Seeing the doctor also serves to protect the value of a concussion injury claim. If you skip the doctor’s visit for any reason, it’s going to be difficult to tie any problems you have later back to the accident.

The insurance company for the party responsible for your injury is aware of this. Not going to the doctor only serves to damage the value of your claim.

On the other hand, going to the doctor or hospital will create a record of your injury and a timeline that coincides with the accident. This information will become evidence in your concussion injury claim and part of a strong foundation for your case.

Don’t Skip the Doctor’s Aftercare Orders

After getting medical attention for your concussion injury, you will receive your doctor’s aftercare instructions. These may range from something as simple as resting for a few days to medication you need to take and finish. In some circumstances, it can include a series of treatments, such as occupational therapy. You need to follow your doctor’s orders to heal as quickly as possible.

This not only protects your health, but again, reinforces the value of your claim. If the insurance company finds that you’ve been doing some kind of activity against doctor’s orders that could cause your condition to worsen — for example, not taking time away from the sport in which you were injured — your case could get thrown out.

Don’t Give a Recorded Statement to the Insurance Company

After your injury, you can expect the insurance company to call you, to “see how you’re doing.” As nice as this sounds, they are really calling to see what information they can get from you that can be used to lower the value of your claim.

It’s important to be aware of this, because insurance adjusters are highly trained to get this information, often without the injured person even realizing that their words are hurting their chance for compensation. You can be sure that’s what they are after when they call and inevitably ask if it’s okay to record the conversation. Don’t agree to this.

No matter how the conversation seems to be going, it’s best to remember that the person calling works for the insurance company. It’s their job to save the company money, and that means paying you as little as possible. The best thing you can do for your claim is to politely refuse to speak to them and hang up the phone.

Speaking to the insurance company is a perfect task to hand over to your experienced concussion injury lawyer.

Not Calling a Lawyer Early Enough

Right after your concussion injury, you will probably be busy getting medical care. Finding a lawyer may be far from your mind as you worry about when you can get back to work and if there will be any long-term damage from your injury. You may also believe there’s plenty of time to think about an injury claim later.

Even if the statute of limitations in Arizona seems like plenty of time for you to file a claim, you need to remember that both evidence and witnesses will become scarcer over time. Even if you have a few witnesses, it is possible that they may move or change their contact information before the statute of limitations ends. Without evidence, including witness testimony, you won’t have a strong case.

The sooner you contact an experienced lawyer who knows how to investigate and collect evidence on concussion injuries, the stronger your case will be.

Choosing the Wrong Lawyer for your Concussion Injury Case

Many people make the mistake of hiring the wrong lawyer, because they think all lawyers can achieve similar results. This is not true.

Consider the medical profession, for example. When you seek medical attention for your concussion injury, you may need magnetic resonance imaging (MRI) to assess your injuries. The tech who takes that scan is not going to pass it along to a knee surgeon to read. It will be sent to a neurologist, because that is the specialization your injury falls within.

The same is true for lawyers. There are many specializations within the law. Each has its own knowledge base, case history precedents, rules, and restrictions. Your best chance for a successful outcome is with a personal injury trial attorney experienced in concussion injury cases.

While most claims are settled before they go to court, some go all the way to trial. If your case needs to go before a jury, you will need a lawyer who has succeeded in taking cases to court.

Gilbert Concussion Injury Client Story

This story is intended to give you an overview of your concussion injury case. Be sure to read to the end to get the most out of the information that follows. The names and details have been changed to protect the privacy of our clients, but the value of the information remains.  When you’re finished with the story, please take us up on our offer of a free legal consultation to discuss your specific case.

A few years back, Desiree Anderson was one happy zombie. Dressed for undead success on her last Halloween at the steakhouse, she sailed between the tables of her station trying not to smile too much. After all, zombies were morose, weren’t they? She’d had to tone-down her makeup to avoid scaring the youngest diners, but she knew her costume was still really, really good.

“You’re looking a little too giddy for a zombie, ‘Ree,” Desiree’s best friend Corinne smirked, dressed herself as a witch.

“I know, I can’t help it! After tomorrow’s double shift, I’m out of here. The school said I can start during winter session. I’ve got a week to pack. ” Desiree giggled at the sideboard as they watched their busboy “flip” the table by the window. Brian was blazing through his work, changing linens, stacking a huge oval tray with dirty linens and the last of the dessert plates from the table’s previous occupants.

Brian was dressed like a NASCAR pit crew member. “Kid’s so fast, he’d fit right in,” Desiree thought aloud as she watched him. The high school senior loved NASCAR and was jazzed when his uncle lent him the outfit for the weekend.

A month earlier, Desiree had gotten into a professional makeup school in Los Angeles where she could learn how to become a special affects artist. Her dream was to work in Hollywood, and so far, it was coming true.

“Happy last day to me, Cori!” Desiree whispered to her friend, thinking about driving her battered, old Subaru down Wilshire Blvd. to the campus. She still couldn’t believe it.

“Hey, Birthday at table 22, remember? Go get the cake before Brian finishes clearing away dinner plates and they ask for dessert menus, okay? I’ll get table 25 started on drinks,” Corinne said, pushing away from the sideboard.

“I’m on it,” Desiree declared, turning on her heel and heading to the kitchen. It was a typical Saturday night, made busier by the rush of college students packing in for dinner before late night Halloween parties, and families coming in after trick-or-treating.

She pushed into the kitchen and turned toward the pastry counter just as Brian booted the door hard, swinging in behind her.

“Brian, don’t kick the door, you could hit somebody!” she scolded him. She smirked to soften the effect, but her makeup just made her look silly. Brian laughed.

“Sorry, ‘Desi, habit,” he apologized, spinning on his heel to shove through the outgoing door back into the dining room.

Desiree set a gorgeous red velvet sheet cake on a tray and ringed it with six forks and small dessert plates, evenly distributing the load. She decided to skip the coffee cups and saucers until she knew how many she would need, but added half a dozen clean napkins. Finally, she carefully set the candles into the cake, to be lit at the sideboard before turning and walking to the table with the surprise.

Hoisting the tray a few inches above her right shoulder, Desiree wobbled the slightest bit as she balanced herself. Approaching the double doors, she hesitated, worried about bumping the door jamb with the tray. She turned at the last second to glance at the cake, veering into the incoming lane.

The room exploded into tiny white stars as Brian burst into the kitchen, leading with his boot, tray on his shoulder piled high.

Desiree blinked, shaking against the counter beside the out door. What happened? And WHY was she on the floor? Oh, NO, the CAKE! Her left arm had plowed through it. Cake was everywhere.

“What happened to the cake!” She said, confused, still holding the tray, now crashed into the corner of the counter. Her coworkers were buzzing around her, pulling the tray away, pulling her into a chair.

Corinne wiped her hands off, while she watched, dazed.

“You have to go to the hospital, ‘Des,” Corinne insisted, wiping frosting from Desiree’s sleeve.

“Don’t be silly! We’re way too busy for me to leave,” Desiree protested, looking at Corinne in disbelief. “I’m fine, really!”

“I don’t think so,” Corinne said. “Sit for a minute. I’ll go get Ben and tell him.”

As Corinne left the kitchen, Desiree stood, wobbled. She recovered and smoothed her apron. “We’re way too busy for me to waltz out of here,” she mumbled to herself, pushing back into the dining room.

Table 25 was still nursing drinks and was now looking around for a waitress. Desiree strode up to the adorable senior couple, dressed in matching penguin outfits, and began taking their order with a smile. I’ve got this, she thought, as the couple asked about salad dressings. As she began reciting them, the absurdity of “dressing” salad struck her, and her smile broadened until she was laughing so hard, tears were streaking down her zombie cheeks.

“Dear, are you alright?” the woman asked, more concerned than frightened.

“I- I’m fine, really, I’m sorry, I don’t know why I’m crying,” Desiree answered, wiping her makeup onto the back of her hand as her manager, Ben, gently pulled her away by the arm.

Two and a half an hours later, Desiree’s very concerned mother, Sylvia, waited in her hospital room as Desiree was taken for an MRI. She had suffered a concussion from the blow to the head. Additional traumatic brain injury (TBI) had yet to be determined. All she knew so far was that her daughter was staying overnight for observation.

We met Desiree the following Friday morning, when Sylvia brought her to our office and we sat around the conference table. Desiree was subdued but polite as she greeted us. Her wavy dark brown hair and enormous, deep brown eyes made her seem exceptionally pale and fragile as she sat down beside her mom. 

The dark circles under Sylvia’s eyes gave away her exhaustion. She told us it had been a long week. She’d had to take off from work to watch over her daughter, who was suffering from brain fog and frequent bouts of confusion and short-term gaps in memory. She quickly swept the gray hair at her right temple behind her ear, wiping a tear as she spoke, hoping Desiree wouldn’t notice. She didn’t.

“We’re hoping it’s temporary, but it’s scary. Depending on Desiree’s recovery, we may have to postpone her schooling until after winter semester,” Sylvia said, giving her daughter a worried sideways glance. Desiree looked off, appearing not to have heard her mom, staring at something on the wall that only she could see.

On the phone, Sylvia had told us she had three main concerns. She wanted to know how much it would cost to hire us, how much Desiree’s case might be worth, and how long her case could take.

How much will it cost to hire a lawyer?

Sylvia leaned forward and got right to her first question.

“How much would it cost to hire you?” she asked, gripping the balled-up jacket in her lap like a life preserver.

We explained that we don’t charge anything upfront, instead we work on a contingency basis. This would mean that we would cover all expenses during the case. When the case wrapped up, we would only get paid if we brought Desiree’s case to a successful resolution.

Sylvia relaxed her grip on the jacket, and nodded in relieved.

How much could Desiree’s case be worth?

“Do you have any idea how much a case like this is worth?” Sylvia asked next.

Our lawyer told Sylvia and Desiree it was tough to predict this at the beginning of a case.

“It’s going to depend upon the results of our investigation and Desiree’s damages. We can begin the investigation right away though, if you decide to move forward,” our lawyer told them.

He went on to explain that the investigation would involve gathering evidence and speaking to witnesses.

“We’ll begin all of the case documentation as if the case is going to trial,” we assured them.

“Brian’s boot is a witness, why don’t you talk to Brian’s boot?” Desiree sputtered, giggling until tears ran down her pale cheeks.

Sylvia put her arm around her daughter and rubbed her back, speaking softly to her. Desiree quieted and wiped her eyes, mumbling, “Sorry.”

We reassured Desiree it was okay, and that head injuries can present with a variety of symptoms; some of them may even be delayed. Our lawyer told her with luck, she’d be on her way to L.A. in a car packed to the brim in no time.

In the meantime, we’d need Desiree to focus her energy on rest and recovery, including following doctors’ orders for any follow-up appointments or therapy.

“We need you to reach the point of maximum medical recovery, Desiree. That means the point that your doctors can say without a doubt that you’re back to normal. Or, back to a ‘new normal,’ depending on your injuries” the lawyer said, as soothingly as possible, adding, “This way, we’ll know where you are medically now, and we’ll be looking to any future medical care your injuries may require.”

“Knowing this information will enable us to know your damages, both economic and non-economic. Once we know this, we’ll know what your case is truly worth,” The lawyer said.

Desiree’s brown eyes widened and filled with tears again as she realized we wouldn’t know when she’d be able to start school for some time yet.

“Mommmmmm!” she whimpered, covering her mouth with her hand. Sylvia rubbed her back again and squeezed her shoulder in a half-hug.

How Long Will My Case Take?

“So, how long will Desiree’s case take?” Sylvia asked as Desiree laid her head on her mom’s shoulder, sniffling.

Our lawyer told them this too is difficult to tell at first.

“Again, it will depend on your damages. The other thing we’ll need to know is whether the insurance company is going to be reasonable. If they are willing to work with us, we’ll be able to move your case along quickly,” we told them.

“And if they aren’t?” Desiree asked.

“Then we go to court,” our lawyer responded. He went on to explain that either way, it wouldn’t be a problem, as our lawyers have a successful track record of taking cases before juries.

“That’s why we prepare your case for trial from the start, and that’s why it’s always in your best interest to hire a trial lawyer,” the lawyer said.

We went on to explain that ironically, just having a seasoned trial lawyer in your corner often gets the insurance company to come to the negotiating table.

“They know who we are, and they are not likely to want to meet us in the courtroom,” the lawyer said.

Desiree straightened in her chair; her eyes red from crying.. She looked at Sylvia and nodded.

Sylvia hired us to represent her daughter. Today, we are happy to say that Desiree got seven times the amount the insurance company initially offered.

Call Our Gilbert Concussion Injury Lawyers Today

We hope that you’ve gotten useful information here, as well as answers to some of your questions about concussion injuries. Every case is unique, however, and we urge you to take advantage of our free legal advice by contacting us about your specific case as soon as possible. Concussion injuries can be overwhelming, but you are not alone. You don’t need to worry about pursuing a claim by yourself. Call us today.