What to Do After a Toxic Exposure in Mount Pleasant
Your health comes first; a relative can keep track of paperwork.
- Move away from the source. Open air first. If the CO detector is sounding, everyone goes outside. Switch to bottled water or put the suspect product away.
- See a doctor quickly. Trouble breathing, confusion or fainting call for 911. Possible CO poisoning is an emergency. With other chemicals, follow poison control's and the medics' instructions. Give the ER the name of the substance if you know it and the time.
- Know the Poison Control number. For immediate poison exposure help in the United States, call 1-800-222-1222.3
- Get an incident number. Firefighters or a hazmat crew who came out may have a report.
- Document it. Take pictures from a distance of the leak, residue, discolored water or the heater or generator involved. Keep a log of odors, symptoms, dates and conversations.
- Save what's safe to save. Labels, containers, the spray company's invoice, utility notices and receipts. Don't handle or store anything hazardous. Professional sampling may be needed.
- Don't rush a release. Many people talk with a lawyer before signing.
Exposures Around Mount Pleasant
Exposures can come from carbon monoxide on a boat or in a closed garage, a gas leak in a home, a pest or lawn spray, a chemical at a job site, or fumes from a product. Note where it happened and what you think the source was.
How Long You Have to File
An exposure illness can develop or be found long after contact. South Carolina generally allows three years for injury claims, but figuring out when that time starts can be complicated.1 The deadline is for a lawsuit, and an insurance claim doesn't stop it.4
It can depend on when you knew, or reasonably should have known, that you had a potentially actionable injury, and you may not need to know the exact chemical, every party or the legal theory first.1 Your clock may have started earlier than you think.
Most injury claims must be filed within three years.5 Other laws and deadlines can apply; a suit against a state or local government body, for example, generally has two years, or three years with a qualifying verified claim.6 Agencies can also have special liability rules and caps on damages.2
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What Has to Be Shown
A toxic exposure claim generally takes more than showing a substance was there. Depending on the theory, it may require evidence of how the exposure happened, whether the substance can cause that kind of illness and whether it caused yours. Exposure alone doesn't make someone legally responsible for a condition.7
Medical records, testing, work records and product information can all matter. The statewide page covers toxic exposure claims. If mold is the problem, see Mount Pleasant toxic mold claims.
Talk With Us
We'd like to hear the timeline: the exposure, the first symptoms, who was responsible for the source and what doctors have found. If you hire us, the insurers can usually deal with us, and we're straight with you about what we see.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
Tell us what you were exposed to and when.
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 found out about the contamination years later. Is it too late?
Possibly not, but don't guess. The three-year period generally starts when you knew, or reasonably should have known, of a potentially actionable injury. You don't necessarily have to know the exact substance or every responsible party before it starts.1
Do I need a diagnosis before calling a lawyer?
No. You can call while testing is still underway. Keep your appointments and get copies of your records.
What if a public water system or agency caused it?
It might support a claim, depending on what the agency did and where the contamination came from. A Tort Claims Act suit against a state or local government body generally has two years, which a qualifying verified claim may extend to three years.6 Recovery against an agency may be capped, with its own liability rules.2
I was exposed at work. What then?
Can I talk with you without driving downtown?
Yes. The first conversation can happen by phone. Our office is on King Street in Charleston if you want to meet later.
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.
