What to Do After a Toxic Exposure in Charleston
After a hurricane knocks out power, generators run in garages from West Ashley to Moncks Corner, and carbon monoxide becomes a real danger. Other exposures come from a chemical release at a work site, fumes from a product, or a notice that your water was contaminated. Whatever it was, get away from the source first.
Leave the house if a CO alarm is going off. Switch to bottled water, and set aside any product you think caused it. Call 911 for serious symptoms, since carbon monoxide needs urgent attention. For immediate poison exposure guidance in the United States, the Poison Control number is 1-800-222-1222.3 Tell every doctor what you may have been exposed to and when.
If the fire department or another agency came out, ask for the report or incident number. From a safe distance, photograph the spill, the product, the water or the appliance. Keep a dated note of smells, symptoms and who you talked to. Save packaging, labels, receipts, water bills and notices, but don't handle or store anything hazardous yourself, since professional sampling may be needed. Talk with a lawyer before signing any release.
The Time to File
South Carolina's three-year limitations period for personal injury claims generally begins when a person knew or, through reasonable diligence, should have known of a potentially actionable injury. Working out that date in an exposure case can be complicated, and you may not need to know the exact chemical, every defendant or the legal theory for it to start.1 Counting on a late start date is a gamble.
Most personal injury claims in South Carolina must be filed within three years.4 The date is for a lawsuit, and an insurance claim does not stop it.5 Claims against a state or local government body generally must be filed within two years, or three with a qualifying verified claim.6 Government defendants can also bring caps on recovery.2
Proving What Caused the Illness
A toxic exposure claim generally requires more than showing that a substance was present. Depending on the legal theory, evidence may be needed on how the exposure happened, whether the substance can cause that kind of injury, and whether it caused this person's illness. Being exposed does not automatically make someone legally responsible for a medical condition.7
Our South Carolina toxic exposure page goes into more.
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Tell us what happened, when you first noticed something was wrong, who was involved and what your doctors have said. If you hire us, the insurers can usually deal with us. You'll get our honest read.
Our office is on King Street in downtown Charleston. If mold is the problem, see toxic mold in Charleston.
Call us and walk us through the exposure.
South Carolina Law on This
- South Carolina's three-year limitations period for personal injury claims generally begins when a person knew or, through reasonable diligence, should have known that they had a potentially actionable injury. A person does not necessarily need to know the precise substance responsible, every defendant or the legal theory before the clock begins running.1
- 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.2
- For immediate poison exposure guidance in the United States, the Poison Control number is 1-800-222-1222.3
- Most personal injury claims in South Carolina must be filed within three years.4
- 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.5
- 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.6
- A toxic exposure or mold claim generally requires more than showing that a substance was present. Depending on the legal theory, evidence may be needed on how exposure occurred, whether the substance can cause the type of injury involved, and whether it caused the particular person's illness. Exposure does not automatically establish that someone is legally responsible for a medical condition.7
- 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.8
- Different workers' compensation timing rules may apply to repetitive trauma injuries and occupational diseases that develop over time in South Carolina. The date a worker first experienced symptoms is not necessarily the date the filing deadline began.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
I found out about the contamination years after it happened. Am I too late?
Nobody should answer that without the dates in front of them. The three-year period generally starts when you knew, or reasonably should have known, of a potentially actionable injury. You don't necessarily need to know the precise substance or every defendant before it starts.1
My doctors are still running tests. Should I call now?
Yes, you can. A diagnosis isn't needed to start the conversation. Keep your appointments and request copies of the results as they come in.
What if a public water utility or other agency caused it?
The exposure happened at my job. What then?
Sources
- S.C. Code § 15-3-535
- S.C. Code §§ 15-78-110 and 15-78-120
- America's Poison Centers / Poison Help line
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-80 and 15-78-110
- General South Carolina toxic tort causation principles (Sean Hall, Nov 5 review)
- S.C. Code § 42-1-540
- S.C. Code § 42-15-40
- S.C. Code § 42-1-560
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
