What to Do After a Head Injury in Columbia
Treatment comes first. A family member or friend can take on most of the paperwork.
- Get checked by a doctor. Call 911 for warning signs such as a headache that keeps getting worse, repeated vomiting, a seizure, confusion, trouble waking up, weakness or passing out. Tell every provider about the blow or jolt, and go to each scan and therapy visit.
- Watch the days after. If the headaches deepen or something new shows up, head back to the ER or your doctor.
- Ask for the report. Columbia Police, a sheriff's department, the Highway Patrol or a store manager may have one. A relative can request it and note names of officers and witnesses.
- Get your memory on paper. If writing is hard right now, talk it through while someone else types.
- Save the helmet. Store a cracked bike or motorcycle helmet somewhere safe, even after buying a new one.
- Keep a daily log. Short dated entries about headaches, mood and energy help show what changed.
Where Head Injuries Happen in the Midlands
Brain injuries in the Columbia area can come from wrecks on I-26, I-20 and I-77, from falls on stairs or wet floors, from bike and scooter crashes near USC, and from boating accidents on Lake Murray. Prisma Health Richland, Prisma Health Baptist, MUSC Health Columbia Medical Center Downtown and Lexington Medical Center all treat injured people from around the Midlands.
Your Filing Window
Most South Carolina injury lawsuits must be filed within three years.1 The discovery rule generally starts that period once a person knew, or should reasonably have known, about a potentially actionable injury. A diagnosis that comes later doesn't automatically reset it, but when the injury could reasonably have been found depends on the facts.2
The clock is for filing in court, and an open insurance claim does not stop it.3 If a city, county or state agency is involved, the claim generally must be filed within two years, or three with a qualifying verified claim.5 A claim against a public body may also face caps on what can be recovered.4 For more, see brain injury claims in South Carolina.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Records That Help
- Scans, neurology notes and memory or thinking tests
- Job reviews, attendance and emails from before and after
- For a student, grades and comments from teachers
- Notes from people who noticed a change
- Your own log of bad days
Rough notes are fine.
Talk With Us
A brain injury can make calls and details hard to track, and we keep that in mind. We also listen to the family members who see the day-to-day changes. If you hire us, the insurers can usually deal with us.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and nearby towns. The first conversation can happen by phone. If the injury is part of a larger set of injuries, see catastrophic injury claims in Columbia.
Call and tell us how life has changed since the injury.
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. In medical terms a concussion is a TBI, usually put in the "mild" group. That word describes the first diagnosis, not how long the fog, headaches or light sensitivity may last. Mention every bump to the head, even one that seemed small at the time.
My symptoms got worse a month later. Does the time to file start over?
Not automatically. A later diagnosis or worsening symptoms do not restart the deadline. The three-year period generally runs from when you knew, or reasonably should have known, that you had a potentially actionable injury, and that depends on the facts.2 Walking through the dates with a lawyer is the way to find out.
How can family help after a brain injury?
The people you live with tend to notice the shifts before you do. A spouse, parent or roommate can jot down dated notes on forgetfulness, mood, sleep and tasks that slip. They can also keep the appointment calendar and the stack of bills and insurer letters in order.
I hit my head on the job. What are my options?
Getting hurt at a Midlands job site, warehouse or office usually sends the claim into South Carolina workers' compensation first.6 Notice to the employer is generally due within 90 days, and the claim with the Commission generally within two years, unless an exception fits.78 When a delivery driver, contractor or equipment maker outside your company had a hand in it, an injury claim against them may also be possible.9
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
