What to Do After a Burn Injury in Charleston
Burns here can come from a kitchen fire in a busy downtown restaurant, a charger that failed in an older peninsula home, or a gas grill on a Mount Pleasant deck. Get care first. A relative or friend can start saving things while you're in the hospital.
- Get to the burn team. A serious burn means 911 first. After that, stick with every surgery, dressing change and therapy session, and keep the paperwork.
- Ask who wrote it up. Charleston Fire, a police department or the business itself may have an incident report or case number.
- Keep the item if it's safe. Don't handle damaged batteries, wiring, gas appliances or anything hazardous without guidance from safety professionals. If it's safe, keep the item, its packaging and the receipt, and ask a lawyer before getting rid of it.
- Get pictures before anyone cleans. Outlets, the appliance, scorch patterns on the wall and any warning stickers are all worth a photo.
- Photograph the healing. Dated photos show the burns, the treatment and the scarring.
- Save receipts and manuals. They can show who made and sold a product.
A swollen lithium-ion pack or a fuel leak is a job for firefighters, not family. Those can flare up again hours later.
How Long You Have
Most South Carolina injury claims must be filed within three years.1 The deadline is for a lawsuit, and an insurance claim does not stop it.2 Claims against a state or local government body generally must be filed within two years, though a qualifying verified claim may extend that to three years.4 Special rules and limits on damages may apply as well.3
When a fire starts with wiring, gas lines or building work, the timing can be tighter. Claims over work on real property can be cut off by a fixed outer limit, no matter when the problem comes to light.5 That outer limit is generally eight years from substantial completion of the work, with some exceptions.6 A lawyer can talk with you about which limits fit your case.
Fires outside the Lowcountry are covered on our South Carolina burn claims page.
Talk With Us About What Happened
Recovering from a bad burn can take years of grafts and therapy. We'll listen to how it happened and what you're dealing with now. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston, and the first conversation can happen by phone. If a product caught fire, see defective product claims in Charleston. If you were hurt at work, see workers' compensation in Charleston.
Tell us how it 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 hold on to the thing that caught fire?
If it's safe, yes. Don't touch or move a damaged battery, electrical item or gas appliance without guidance from the fire department or another safety professional, because a ruined battery can flare up later. If it's safe, keep it with the charger, cord, box and receipt. Ask a lawyer before you return it, give it to an insurer or throw it out.
I was burned working in a kitchen. What applies?
The wiring in the building is old. Is it too late?
Maybe, and it takes a look at the facts to know. Claims against builders, contractors and designers over work on real property can be cut off by a fixed outer limit, whenever the problem is found.5 Talking to a lawyer early after a fire helps sort that out.
Do I have to come to the King Street office?
No. A family member can call for you while you're in treatment. If you'd like to meet, our office is on King Street downtown. We can also come to you, whether that's a hospital room, your home or another place that's easier.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
