What to Do After a Burn Injury in South Carolina
Medical care comes first. A family member or friend can start saving evidence while you're in treatment.
- Get to a hospital. Call 911 for any serious burn. Keep every surgery, wound care and therapy appointment, and keep the paperwork.
- Get the fire or incident report. Ask the fire department, police or business that responded for its report and any case number.
- Preserve damaged equipment when safe. Do not handle or move damaged batteries, electrical equipment, gas appliances or other potentially hazardous items without guidance from appropriate safety professionals. If it is safe to do so, preserve the equipment, packaging and purchase records. Before returning or disposing of potentially important evidence, ask a lawyer about appropriate preservation steps.
- Photograph the scene before cleanup. Someone you trust can capture outlets, appliances, burn marks, smoke damage and warning labels, if there were any.
- Photograph the burns as they heal. Dated photos show the injury, the treatment and the scars that follow.
- Save receipts and packaging. Purchase records, manuals and boxes can identify the maker and seller of a product.
If the evidence involves a damaged lithium-ion battery, leaking fuel or damaged electrical wiring, ask the fire department how to handle it safely. Damaged batteries can catch fire again.
How Long You Have
Most personal injury claims in South Carolina must be filed within three years.1 That deadline is for filing a lawsuit, and an insurance claim does not stop it.2 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.4 Special rules and statutory limits on damages may also apply.3
When a fire traces back to wiring, gas lines or construction work, timing can be tighter than it seems. Claims against builders, contractors and designers over work on real property can be cut off by a fixed outer time limit, no matter when the problem is discovered.5 That outer limit is generally eight years from substantial completion of the work, and exceptions may apply.6
A lawyer can explain how this works for you.
Talk With Us
Serious burns change daily life for a long time, and we take that seriously. We start by listening to how the fire or injury happened and what you're dealing with now.
We're based in Charleston, and we take burn injury cases from across South Carolina. If a product caught fire or failed, see our page on defective product claims. Severe burns are one of several injuries covered on our page about catastrophic injury claims.
Tell us how the fire or injury happened and what you still have from the scene.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- 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.2
- 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.3
- 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.4
- Claims against builders, contractors and designers over work on real property can be cut off by a fixed outer time limit that applies no matter when the problem is discovered.5
- South Carolina generally imposes an eight-year outer deadline on lawsuits arising from defective or unsafe improvements to real property, measured from substantial completion of the improvement. Exceptions may apply. This deadline is separate from the ordinary statute of limitations and may prevent some claims even when the problem was discovered later.6
- 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.7
- 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.8
- 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.9
- 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.10
Frequently Asked Questions
Should I keep the device or appliance that caught fire?
Yes, if it is safe. Do not handle or move a damaged battery, electrical item or gas appliance without guidance from the fire department or another safety professional, because damaged batteries can catch fire again. If it is safe, keep it along with any charger, cord, packaging or receipt. Before returning it to the maker, handing it to an insurer or throwing it out, ask a lawyer about preservation steps.
I was burned in a restaurant kitchen at work. What are my options?
Most workplace burn injuries in South Carolina are handled through workers' compensation.7 Employees generally must report injuries within 90 days and file a claim within two years, although exceptions may apply.89 Workers' compensation usually limits lawsuits against an employer, but a separate personal injury claim may be possible if a third party, such as an equipment manufacturer or outside contractor, contributed to the injury.10
The wiring was installed years ago. Is it too late?
It could be, and it's hard to know without looking at the facts. Claims against builders, contractors and designers over work on real property can be cut off by a fixed outer time limit, no matter when the problem is found.5 That makes it worth talking with a lawyer soon after a fire.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
