What to Do After a Head Injury in Mount Pleasant
Treatment comes first. Someone close to you can handle most of what follows.
- See a doctor promptly. Call 911 for warning signs like a headache that keeps getting worse, repeated vomiting, seizures, confusion, trouble waking, weakness or passing out. Tell every provider your head was struck or snapped back, and keep each scan, follow-up and therapy visit.
- Go back if things change. New or worsening symptoms call for care right away.
- Track down the paperwork. Someone close to you can ask Mount Pleasant Police, the Highway Patrol or whoever responded for the report, and jot down who was there.
- Capture what you remember. If writing is hard, tell someone and have them write it down.
- Keep the helmet. A cracked bike or cart helmet should be stored somewhere dry, even after you buy a new one.
- Have someone keep notes. Short, dated notes about memory, mood, sleep and energy can show what daily life looks like now.
Where Head Injuries Happen Around Mount Pleasant
Head injuries can come from a wreck on Coleman Boulevard or US-17, a bike crash coming off the Ravenel path, a golf cart tipping on the way to Isle of Palms, a fall at a store or a hit on the water near Shem Creek. The cause shapes which rules apply, so note where and how it happened.
When the Deadline Starts
Most injury suits in South Carolina must be filed within three years.1 Under the discovery rule, that time generally begins when you knew, or through reasonable diligence should have known, that you had a potentially actionable injury. A diagnosis that comes later doesn't automatically restart it, though when the injury could reasonably have been discovered depends on the circumstances.2
The deadline is for a lawsuit, and opening an insurance claim does not stop it.3 A Tort Claims Act suit against a state or local government body generally must be filed within two years, and a qualifying verified claim may extend that to three years.5 Other special rules and limits on damages may apply too.4
See how South Carolina brain injury claims work for the statewide page.
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 any cognitive testing
- Job evaluations and emails from the months before and after the injury
- Grades or teacher notes for a student
- What a spouse, a coach or a coworker has noticed since
- Your own log of headaches and hard days
Rough notes are fine. For severe injuries, see Mount Pleasant catastrophic injury claims.
Talk With Us
After a brain injury, keeping track of calls and details can be hard, and we keep that in mind. We also want to hear from the spouse or parent who sees you every day. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
Tell us about the crash or fall and what your days look like now.
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
The ER called it a concussion. Is that a brain injury?
Yes. Medically, a concussion counts as a traumatic brain injury, usually put in the "mild" category. That label describes how the injury is classified, not how long the effects last, and some people have symptoms for weeks or more. Make sure your doctors know about any hit or jolt to your head.
My symptoms got worse weeks after the wreck on Johnnie Dodds. Does the clock start over?
Not automatically. Worse symptoms or a later diagnosis don't restart the deadline. The three-year period generally runs from when you knew, or reasonably should have known, of a potentially actionable injury, and that date depends on the facts.2
How can family members help?
People close to you often spot changes first. A spouse, parent or roommate can jot down dated notes about memory lapses, mood, sleep and things that got missed, and help keep appointments, bills and insurance letters in one place.
I hit my head on the job. Is that a workers' comp case or an injury claim?
It may be covered by South Carolina workers' compensation.6 Comp generally expects notice to the employer within 90 days and a filing with the Commission inside two years, though exceptions exist.78 Comp usually limits suing your employer, but if someone outside the company played a part, a separate injury claim may be possible.9
Do I have to come downtown to talk?
No. The first conversation can happen by phone, which helps if driving or screens are hard right now. Our office is on King Street in Charleston if you later want to meet in person. We can also come to you, whether that's a hospital room, your home or another place that's easier.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
