What to Do After a Head Injury in Charleston
A head injury can come from a wreck on I-26, a fall on an uneven sidewalk downtown or a bike crash on James Island. Treatment comes first. A family member or friend can take on most of what follows.
- Get checked right away. Call 911 for warning signs like a worsening headache, repeated vomiting, seizures, confusion, trouble waking or passing out. Tell the ER about any blow or jolt to your head.
- Go back if things change. New or worse symptoms are a reason to get care again quickly.
- Keep every appointment. Scans, follow-ups and therapy all matter, at MUSC, Roper St. Francis, Trident or wherever you are treated.
- Get the report. Someone can ask the responding agency or business for the incident report and note who was there.
- Write it down now. If writing is hard, tell a family member and let them take notes.
- Save the helmet. If you wore one, keep it, even after you buy a new one.
When the Clock Starts
Most South Carolina injury lawsuits must be filed within three years.1 Under the discovery rule, that period generally begins when you knew, or through reasonable diligence should have known, about a potentially actionable injury. A later brain injury diagnosis doesn't automatically restart it, and the timing depends on the facts.2
The deadline is for a lawsuit, so an open insurance claim does not stop it.3 If a city, county or state body is the one being sued, the Tort Claims Act generally allows two years, or three years after a qualifying verified claim.5 Other rules and limits on damages may apply.4 A lawyer can tell you how this fits your situation.
Concussion and TBI claims elsewhere in the state are on our South Carolina head injury page.
Records That Help
Hang on to the results of any memory or thinking tests your doctors run. Job reviews from before the injury and after it can show a change at work. For a student, report cards and teacher emails do the same. A short daily log, kept by you or a family member, fills in the rest. Scribbled notes are fine.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
After a head injury, phone calls and paperwork can blur together. Bring a spouse, parent or friend into any conversation with us if that helps. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston, and a first call by phone is fine. For other life-changing injuries, see catastrophic injury claims in Charleston.
Call and walk us through the accident and the months 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
Does a concussion count as a brain injury?
Yes. Medically, a concussion sits under traumatic brain injury, usually in the "mild" category. Mild refers to the first classification, and symptoms can still hang on for weeks or more. Make sure every doctor hears about the blow or jolt.
My symptoms got worse later. Does the filing time start over?
No, not automatically. A later diagnosis or worse symptoms do not reset the deadline. The three-year period generally starts when you knew, or reasonably should have known, about a potentially actionable injury, and that depends on the facts.2 A lawyer can look at how that applies to you.
How can my family help?
People close to you often see changes first. A spouse, parent or friend can keep short dated notes on memory, mood, sleep and things that got missed. They can also keep track of appointments, bills and insurance letters.
I hit my head on the job. What applies?
Can someone else make the first call for me?
Yes. A family member can call us, and we can talk by phone. If you'd rather meet, our office is on King Street downtown.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
