After a Toxic Exposure on Johns Island
Treatment comes first, and a relative can help keep the records.
- Put distance between you and it. Walk away from the fumes, spill or leak. If the CO alarm sounds, everyone and every pet goes outside. Switch to bottled water, and set aside any product you suspect.
- Get medical help. Dial 911 for trouble breathing, confusion or other serious symptoms. Possible carbon monoxide poisoning is an emergency. Give the ER the name of the substance, if you know it, and the timing.
- Know the Poison Control number. For poison exposure guidance in the United States, call 1-800-222-1222.3
- Ask for an incident number. If fire crews, EMS or deputies came out, find out how to get their report.
- Document from a safe spot. Photograph the stain, sheen, container or heater without getting close. Keep a log of dates, odors, symptoms and every person you talked to.
- Save the paper trail. Product labels and boxes, receipts, well or water test results, utility letters and boil-water notices. Don't handle or store anything hazardous yourself; professional sampling may be needed.
- Hold off on any release. Many people talk with a lawyer before signing.
Keeping Track at Home
Many island homes rely on wells, septic systems, propane or gas appliances, and some families work around farm chemicals or boat fuel. Keep a page for each person in the house: symptoms, doctor visits, missed work or school, and whether symptoms eased away from home. Save receipts for hotel stays, bottled water and testing. If anyone tests your air, water or soil, note who took samples, when and which lab got them.
Time Limits
Toxic exposure illnesses can appear or be found long after the contact. South Carolina generally allows three years to file an injury claim, but deciding when that period started can be complicated.1 The limit is for a lawsuit, and an insurance claim does not pause it.4
The start may depend on when you knew, or reasonably should have known, of a potentially actionable injury. You may not need to know the exact chemical, every party or the legal theory before the clock runs.1 Betting on a late start date is risky.
Most South Carolina injury claims must be filed within three years.5 Some claims have other deadlines; claims against a government body, for example, generally have two years, which a qualifying verified claim may extend to three years.6 Special liability rules and damage caps may also apply.2 The statewide page covers toxic exposure 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.
What a Claim Has to Show
Proving a substance was present is usually not enough. Depending on the theory, a claim may need evidence of how the exposure happened, whether the substance can cause this kind of illness and whether it caused this person's illness. Exposure alone does not make someone legally responsible for a medical condition.7
Talk With Us About What Happened
Families often don't know at first what made them sick. Tell us what you noticed first, who else got sick and what the doctors are saying. If you hire us, the insurers can usually deal with us, and we will be straight with you.
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 problem is mold, see Johns Island toxic mold claims. If it started on the job, see workers' comp claims.
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
- 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.4
- Most personal injury claims in South Carolina must be filed within three years.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
We only found out about the contamination years later. Is it too late?
Possibly not, but you shouldn't guess. The three-year period generally starts when you knew, or reasonably should have known, of a potentially actionable injury. You may not need to know the exact substance or everyone responsible before the clock starts.1 Have a lawyer look at your timeline soon.
Do I need a diagnosis before calling a lawyer?
No. Plenty of people call while doctors are still running tests. Keep your appointments and ask for copies of the results.
A public water system or other agency caused the problem. Can I bring a claim?
It may be possible, depending on where the contamination came from, the agency's role and the law that applies. Claims against a South Carolina government body generally have two years, which a qualifying verified claim may extend to three years.6 Special liability rules and damage caps may also apply.2
I was exposed to chemicals at work. What then?
Chemical exposure on the job, such as pesticides on a farm or solvents in a boat shop, may be covered by workers' comp under the occupational disease rules, depending on the facts.89 Someone outside your employer, like a chemical supplier or a contractor, might also face a separate injury claim. The two have different requirements and deadlines, so get advice early.10
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 §§ 15-3-20 and 15-3-530
- S.C. Code § 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.
