ER said it was
just a concussion?
Standard ER workups miss 40-60% of mild traumatic brain injuries. If symptoms persist past two weeks, you have a real case. Free MRI/neuro consultation.
The ER said “you’re fine.” Three weeks later, you weren’t.
Your head hit the steering wheel, the side window, the airbag. You felt dazed. The ER ran a CT scan, said it was clear, sent you home with a “concussion observation” handout.
Three weeks later, you can’t focus at work. You’re forgetting words mid-sentence. Light bothers you. Sound bothers you. You snap at your spouse. Your boss has noticed. This is post-concussive syndrome. The standard ER workup misses 40-60% of mild traumatic brain injuries. The insurance company will accept the ER discharge note and offer a settlement based on “you bumped your head and recovered.”
Why brain injury cases are different
Cognitive injury is invisible. The documentation gap between properly worked-up cases and ER-only cases is enormous.
CT scans miss most mTBI
CT shows bleeding and structural damage — not diffuse axonal injury, neural inflammation, or microvascular damage that causes most post-concussive symptoms.
Symptoms develop over weeks
Memory problems, executive function decline, mood changes, sleep disruption emerge at days 7-30, not at the scene. Insurance uses this delay against you.
Cognitive injury is invisible
A 20% reduction in working memory function is invisible until you watch the person try to do their job. Neuropsych testing quantifies what was lost.
Career impact dwarfs medical
A medium TBI costing $50K in medical can cost a knowledge worker $500K+ in career trajectory. Most settlements ignore this entirely.
Eggshell plaintiff
Pre-existing ADHD, anxiety, or migraine doesn’t void your claim. If a wreck caused new symptoms or worsened existing ones, the wreck caused your condition.
2-year clock
A.R.S. § 12-542. Brain injury cases need 12-18 months treatment to fully evaluate, leaving a tight window. Calling early is critical.
What to do in the first 30 days
Get a neurology referral.
Don’t rely on the ER concussion handout. If symptoms persist past 2 weeks, push for a neurology referral.
Keep a daily symptom log.
Headache severity, sleep, memory failures, focus, mood. The contemporaneous record is medical-legal evidence.
Tell your boss in writing.
Document accommodations requested. Performance problems unaddressed in the record become “you were always like this” evidence.
Call us.
Brain injury cases built without an attorney typically settle for 20-30% of properly-documented cases. Documentation gap is enormous.
Wood Injury Law took over my case after another firm told me to take a low-ball settlement. They got me significantly more once they actually fought it. Worth every minute.
Questions clients ask on the first call
How much does it cost to hire Wood Injury Law?
Nothing upfront. Contingency fee, paid a percentage of recovery. If we don’t recover, you owe nothing in attorney fees.
How long do I have to file in Arizona?
Two years from the date of the wreck under A.R.S. § 12-542. Government cases require 180-day notice under A.R.S. § 12-821.01.
What if I’m partly at fault?
Arizona is a pure comparative negligence state under A.R.S. § 12-2505. You can still recover, reduced by your percentage of fault.
What if the at-fault party had no insurance?
Your own UM/UIM coverage under A.R.S. § 20-259.01 may pay your damages even when the at-fault driver carries no insurance.
What if I had a prior injury?
Arizona follows the eggshell plaintiff doctrine. A wreck that aggravated an existing condition still caused your current injury and is compensable.
How quickly should I call?
Today if you can. Earlier involvement means evidence preservation, no recorded-statement traps, and a clear strategy from day one.
Frequently Asked Questions
What counts as a traumatic brain injury (TBI)?
TBIs range from mild concussion to severe diffuse axonal injury. Key markers: loss of consciousness, post-traumatic amnesia, confusion, headache, nausea, sensitivity to light, cognitive fog, mood changes. Mild TBIs often resolve; moderate and severe TBIs frequently cause permanent impairment.
How are brain injuries proven in court?
Through neuroimaging (CT, MRI, DTI), neuropsychological testing, life-care plans, treating physician testimony, and before-and-after witness accounts from family and coworkers. Mild TBIs are hardest; objective imaging is often negative and cases turn on neuropsych and lay testimony.
Why are TBI cases valued so high?
Because the damages stretch across a lifetime: cognitive rehab, psychiatric care, lost earning capacity, attendant care, adaptive equipment, reduced life expectancy. A moderate TBI in a working-age plaintiff can exceed $3M in economic damages alone before pain and suffering.
How long do I have to file a TBI claim in Arizona?
Two years from the injury under ARS 12-542. The discovery rule may extend the deadline if the injury was not reasonably discoverable, but courts apply it narrowly. Minors get tolling until age 18 (ARS 12-502). File early; TBI cases need immediate expert work.
Can I recover if the TBI did not show on the initial CT scan?
Yes. Most mild-to-moderate TBIs are invisible on CT. Diagnosis rests on clinical findings, neuropsych testing, and sometimes diffusion tensor imaging. A negative CT does not bar recovery; it just shifts the evidentiary work to other experts.