After a Head Injury on Johns Island
Treatment comes first. A spouse, parent or friend can take over the report, the photos and the calls with insurers.
- Get emergency help when it's needed. Call 911 for warning signs like a headache that keeps getting worse, repeated vomiting, a seizure, unusual confusion, trouble waking up, weakness or passing out. Otherwise, get a prompt medical evaluation.
- Tell every provider about the hit. Make sure each doctor hears about any blow, jolt or whiplash motion so it is in the chart. Keep every scan, follow-up and therapy visit.
- Return if things change. New or worsening symptoms mean going back for care right away.
- Request the paperwork. A relative can track down the crash or incident report and jot down which deputies, officers, managers or bystanders were there.
- Capture your memory early. If writing is hard, talk it through while someone else types or writes.
- Keep the helmet. A cracked bike, motorcycle or cart helmet should be saved somewhere safe, even after it is replaced.
How Head Injuries Happen Here
On Johns Island, head injuries often follow a wreck on Maybank Highway or River Road, a fall from a bike on a road with no shoulder, a golf cart rollover in a neighborhood, or a hard landing on a boat in rough water. Wherever it happened, the steps above are the same.
When the Filing Clock Starts
Most injury lawsuits in South Carolina must be filed within three years.1 Under the discovery rule, the clock usually starts once a person knew, or through reasonable diligence should have known, of a potentially actionable injury. A diagnosis that comes later does not automatically reset it, though when the injury could reasonably have been discovered depends on the facts.2
The limit is for a court filing, so an open insurance claim does not stop it.3 Claims against a state or local government body generally must be filed within two years, which a qualifying verified claim may extend to three years.5 Special rules and caps on damages may also apply.4 A lawyer can tell you how this fits your situation, and the statewide page covers 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 to Gather
- Every chart, scan and neuropsych or memory test result
- Job reviews, time sheets or emails that show how work went before the injury and after
- Grades or teacher notes, if the injured person is a student
- What relatives, friends and coworkers have noticed, written down with dates
- A simple journal of headaches, missed tasks and hard days
Scribbled notes on a kitchen calendar count.
Talk With Us About What Happened
Keeping track of calls, dates and paperwork is hard after a head injury. We keep that in mind and keep things simple. A spouse or parent usually sees the changes before anyone else, so we want to hear from them as well. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone.
If the injury happened in a golf cart or on the water, see our Johns Island golf cart crash page or our Johns Island boating accident page. For lifelong injuries, see Johns Island catastrophic injury claims.
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. A concussion is one form of traumatic brain injury, and doctors often call it mild. That label describes the first diagnosis, not how long symptoms last, and some people deal with effects for weeks or longer. Make sure every doctor hears about the hit to your head, however minor it seemed.
My symptoms got worse a few weeks later. Does the filing clock start over?
Not automatically. A later diagnosis or worsening symptoms generally do not restart the deadline. The three-year period usually begins when a person knew, or with reasonable diligence should have known, of a potentially actionable injury, and that date depends on the facts.2 A lawyer can explain how it may apply to you.
The scans came back clear, but my husband isn't himself. How can family help?
Tell his doctors what you are seeing, with examples and dates. Short notes about memory, temper, sleep and focus give them a clearer picture and show what daily life has been like since the injury. Family can also keep track of appointments, bills and insurer letters.
I hit my head on the job. Is that an injury claim or workers' comp?
A work-related brain injury may qualify for South Carolina workers' compensation.6 Generally you must tell your employer within 90 days and file a claim within two years, though exceptions exist.78 Workers' comp usually limits suits against the employer, but a separate claim may be possible if someone outside the company helped cause the accident.9
Do I have to come downtown to meet?
No. The first conversation can happen by phone, which can be easier after a head injury when long drives and bright rooms are hard. If getting downtown is hard, we can come to you, at the hospital, at your home or wherever works best.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
