What to Do After a Head or Brain Injury in South Carolina
Medical care comes first. A family member or friend can handle most of the rest while you focus on treatment.
- Get medical attention. Seek prompt medical evaluation after a suspected head injury. Call 911 for emergency warning signs such as worsening headache, repeated vomiting, seizures, unusual confusion, difficulty waking, weakness, or loss of consciousness. Tell medical providers about any blow, jolt or rapid movement of your head. Keep every scan, follow-up and therapy appointment.
- Go back if something changes. If symptoms get worse or new ones appear, get medical care right away.
- Get the report. A family member can ask for the crash or incident report, and write down the names of officers, managers and witnesses.
- Write down what you remember now. If writing is hard, have someone take down what you tell them.
- Keep the helmet or gear. If you wore a helmet, keep the damaged one somewhere safe, even after you replace it.
- Ask someone close to you to keep notes. Short, dated notes about memory, mood, sleep and energy can help.
When the Deadline Starts
Most South Carolina personal injury lawsuits must be filed within three years.1 Under the discovery rule, that period generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury. A later brain injury diagnosis does not automatically restart the deadline, but when the injury reasonably could have been discovered depends on the circumstances.2
The time limit is for filing a lawsuit. Opening a claim with an insurance company does not stop it.3 Claims against South Carolina state or local government entities generally must be filed within two years, although a qualifying verified claim may extend that period to three years.5 Special rules and statutory limits on damages may also apply.4
A lawyer can explain how this works for you.
Records Worth Keeping
- Medical records, including memory and thinking tests
- Work reviews, attendance records or emails from before and after the injury
- School grades or teacher comments for a student
- Notes from family, friends and coworkers about changes they noticed
- Your own journal of headaches, missed tasks and bad days
None of this needs to be polished.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
A brain injury can make it hard to keep track of details, appointments and conversations. We keep that in mind, and we talk with you. Family members often notice changes first, and we listen to them too. If you hire us, the insurers can usually deal with us.
Our firm is based in Charleston, and we take brain injury cases from across South Carolina. For a wider look at life-changing injuries, see our page on catastrophic injury claims. If the injury came from a crash, see our page on car accident claims.
Tell us what happened and how the injury has affected your life since.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- Under South Carolina's discovery rule, the three-year period for most personal injury lawsuits generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury. A formal diagnosis is not necessarily required to start the period, and a later diagnosis does not automatically restart the deadline, but when the injury reasonably could have been discovered depends on the circumstances.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.4
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.5
- Most injuries that happen on the job in South Carolina go through the workers' compensation system, which has its own rules, and usually limits suing your own employer.6
- An injured worker in South Carolina generally must tell the employer about a work accident right away, and no later than 90 days after it, to receive workers' compensation, unless an exception applies.7
- A South Carolina workers' compensation claim generally must be filed with the Workers' Compensation Commission within two years after the accident, or after a death it caused. Telling the employer does not count as filing. Occupational diseases and repetitive trauma follow different rules.8
- In South Carolina, an employee injured at work may be able to receive workers' compensation benefits and also pursue a personal injury claim against a responsible third party, such as another driver. The workers' compensation insurer may have a right to reimbursement from any settlement or judgment. Special rules and deadlines apply when pursuing both claims.9
Frequently Asked Questions
Is a concussion considered a brain injury?
Yes. A concussion is a type of traumatic brain injury, often classified medically as a mild TBI. However, "mild" describes the initial injury classification and does not necessarily mean the symptoms or effects will be minor. Some people experience symptoms that persist for weeks or longer. Tell your doctor about any blow or jolt to your head.
My symptoms got worse weeks later. Does my time to file start then?
A later diagnosis or worsening symptoms do not automatically restart the deadline. The three-year period generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury, and when that was depends on the circumstances.2 A lawyer can tell you how it may apply to your situation.
What can my family do to help with a brain injury claim?
Family members often notice changes before the injured person does. A spouse, parent or roommate can keep short, dated notes about memory slips, mood swings, sleep and missed tasks. They can also help keep track of appointments, bills and letters from insurers. Those notes can help show what daily life has been like since the injury.
I hit my head at work. Do I have an injury claim?
A brain injury suffered at work may qualify for South Carolina workers' compensation benefits.6 Generally, employees must report workplace injuries within 90 days and file a workers' compensation claim within two years, although exceptions can apply.78 Workers' compensation usually limits lawsuits against an employer, but a separate personal injury claim may be possible if someone outside the employer contributed to the accident.9
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
