What to Do After a Head Injury Around Hilton Head
Medical care comes first. Someone close to you can handle the rest while you focus on getting treated.
- Get checked by a doctor. Danger signs that call for 911 include a worsening headache, vomiting more than once, a seizure, strange confusion, being hard to wake, weakness or blacking out. Keep each scan, follow-up and therapy visit after that.
- Return if anything changes. Don't wait out new symptoms.
- Get the report number. A family member can ask the deputy, trooper or manager for it and write down names of witnesses.
- Get your memory on paper. If writing is hard, tell someone and have them write it down.
- Keep the helmet. A cracked bike or motorcycle helmet should be saved, even after you buy a new one.
- Ask someone to keep notes. Short, dated notes on memory, mood, sleep and energy are enough.
How Head Injuries Happen Around the Island
A head injury on Hilton Head can come from a car crash on the bridges or Fording Island Road, a fall from a bike at a pathway crossing, a golf cart tipping on a neighborhood street, a fall on a wet villa staircase or a hard landing on a boat crossing Calibogue Sound. Visitors may start treatment on the island and keep it going back home, so it helps to keep every discharge paper together.
When the Clock Starts
Most South Carolina personal injury lawsuits must be filed within three years.1 Under the discovery rule, that period generally begins when a person knew, or should have known with reasonable diligence, that they had a potentially actionable injury. A brain injury diagnosed later doesn't automatically reset that date, but when the injury could reasonably have been found depends on the circumstances.2
The limit is for filing in court, and an insurance claim does not stop it.3 A suit against a South Carolina state or local government entity generally must be filed within two years, or three years if a qualifying verified claim came first.5 There could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.4 How that plays out for you is a question for a lawyer.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Records That Help
- Every scan, plus any memory or thinking test results
- Performance reviews or emails from your job, from before the injury and after
- A student's report cards or notes from teachers
- What family, friends and coworkers have noticed, in their own words
- Your own log of headaches, forgotten tasks and rough days
Talk With Us
After a head injury, keeping track of dates, calls and who said what can be a struggle. Bring a family member to the call if that helps; we're glad to hear what they've seen. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. You can read about South Carolina brain injury claims, catastrophic injuries near Hilton Head and car wrecks on Hilton Head.
Tell us about the headaches, the work you have missed and the rest of it.
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 is a traumatic brain injury, usually graded as mild. Mild refers to how the injury is first graded. Symptoms can still hang around for weeks or longer for some people, so make sure the doctor hears about every bump to your head, including one from a bike or golf cart fall.
I felt worse a month later. Does my time start over?
Worsening symptoms or a later diagnosis don't automatically restart the deadline. The three-year period generally begins when you knew, or with reasonable diligence should have known, that you had a potentially actionable injury, which depends on the facts.2
How can family members help?
A spouse or roommate tends to notice the changes before you do. They can jot down dated notes about memory lapses, mood, sleep and things that went undone, and help keep track of appointments, bills and mail from insurers.
I hit my head while working at a resort. Is that a workers' comp case?
It may be. Most on-the-job injuries go through South Carolina workers' compensation, which usually limits suing your own employer.6 You generally must tell your employer within 90 days and file a claim within two years, unless an exception applies.78 If someone outside your employer helped cause it, a separate injury claim may 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.
