What to Do After a Head Injury in Greenville
Medical care comes first. A spouse, parent or friend can handle the rest while you rest and heal.
- Get checked right away. After a blow to the head, see a doctor promptly. Call 911 for a headache that keeps building, repeated vomiting, a seizure, confusion, trouble waking up, weakness or passing out. Tell the ER staff at Prisma Health Greenville Memorial, Bon Secours St. Francis or wherever you are taken exactly how your head was hit or jolted.
- Go back if anything changes. New or worse symptoms are a reason to return for care that day.
- Ask for the report. A relative can request the crash or incident report and write down the officers, managers and witnesses involved.
- Get your memory on paper now. If writing is hard, say it out loud while someone types it into a phone.
- Save the helmet. A cracked bike or motorcycle helmet should be bagged and kept, even after you buy a new one.
- Keep a family log. Short dated notes on mood, memory, energy and sleep can help later.
How Head Injuries Happen Around Greenville
Rear-end wrecks in stop-and-go traffic on Woodruff Road and I-385, falls on wet stone near the falls downtown, spills on the Swamp Rabbit Trail and motorcycle crashes on the mountain roads can all cause brain injuries. Some show up right away. Others surface over days or weeks.
When the Clock Starts
Most South Carolina injury lawsuits must be filed within three years.1 Under the discovery rule, that period generally starts when a person knew, or with reasonable diligence should have known, about a potentially actionable injury. A later brain injury diagnosis does not automatically reset it, but the start date depends on the circumstances.2
The limit is for filing suit, so working with an adjuster doesn't stop it.3 A Tort Claims Act suit against a state or local agency generally must be filed within two years, or three years if a qualifying verified claim was filed first.5 Damage limits and other special rules may also apply.4
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 and the results of memory and thinking tests
- Job reviews, attendance logs or emails from before and after the injury
- A student's grades and comments from teachers at school
- Notes from family, coworkers and friends about what changed
- Your own record of headaches, lost words and hard days
Rough notes are fine.
Read more on our statewide brain injury page, or see catastrophic injuries in Greenville for life-changing harm.
Talk With Us
A brain injury can make conversations and paperwork harder to follow. So it is fine to have a husband, a daughter or a close friend on the line with you; relatives are often the first to notice what is different.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate. If you hire us, the insurers can usually deal with us.
Call and tell us how the injury has changed things at home and at work.
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
Is a concussion a brain injury?
Yes. In medical terms a concussion counts as a traumatic brain injury, usually filed under the heading "mild." That word describes the first classification, and it says nothing about how long the headaches, fog or sleep trouble may hang on. Mention every bump, whiplash or blow to the head when you see the doctor.
My memory problems got worse a month later. Does the clock start then?
Not automatically. A later diagnosis or worse symptoms do not by themselves restart the three-year period. It generally begins when you knew, or reasonably should have known, about a potentially actionable injury, and pinning that date down depends on your facts.2
How can my family help?
Relatives often spot changes first. A spouse, parent or roommate can jot down dated notes about forgetfulness, temper, sleep and things left undone, and keep track of appointments and insurance mail. Those notes show what daily life looks like after the injury.
I hit my head on the job at a plant near I-85. Is that a workers' comp matter?
A brain injury at work may qualify for South Carolina workers' compensation.6 An injured worker generally must tell the employer about a work accident right away, and no later than 90 days after it.7 A claim generally must be filed with the Workers' Compensation Commission within two years after the accident.8 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.9
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
