If Someone You Love Hit Their Head
Treatment comes before anything else. Relatives and friends can take over most of these tasks while the injured person rests and heals.
- Get checked promptly. Call 911 for warning signs like a worsening headache, repeated vomiting, a seizure, unusual confusion or trouble waking. Tell every provider about the blow or jolt, and keep every scan and therapy visit.
- Go back when things change. New or worsening symptoms are a reason to return for care right away.
- Ask for the report. Find out which agency or manager made a report, and write down names of officers and witnesses.
- Capture memories early. If writing is hard, say it out loud while someone types it.
- Save the helmet. A cracked helmet belongs in a closet or box, even after you buy a new one.
How Head Injuries Happen on the Strand
Brain injuries in Myrtle Beach and Horry County often follow wrecks on Kings Highway, the Bypass or US-501, motorcycle crashes during rally season, or falls at a hotel, condo or rental. Visitors may head home to another state before the worst symptoms surface.
When the Clock Starts
A South Carolina injury lawsuit generally has to be filed within three years.1 The discovery rule usually starts that period once a person knew, or through reasonable diligence should have known, about a potentially actionable injury. A brain injury found later does not automatically restart it, and when the injury could reasonably have been found depends on the facts.2
The limit applies to filing suit, so a pending insurance claim doesn't hold it.3 Suits against a state or local government entity generally must come within two years, or three with a qualifying verified claim.5 Caps on damages and other special rules may also come into play.4
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Paper That Shows the Before and After
Neuropsych testing, therapy notes, a boss's emails, a teenager's grades from last spring and this fall, a coworker's observation: all of it can show how life shifted after the injury. Nothing needs to be neat. Our statewide brain injury page has more.
Talk With Us
We know a head injury can scramble phone calls and dates, so we go at your pace. A spouse or parent is welcome on the call. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
For other life-changing harm, see catastrophic injuries in Myrtle Beach.
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. In medical terms a concussion sits on the mild end of traumatic brain injury. "Mild" is about how it was graded at the start; headaches, fog and sleep trouble can still hang on for weeks or longer. Make sure every provider hears about the blow to your head.
My memory problems showed up weeks after the crash. When did my time start?
Not automatically on the date of the new diagnosis. The three-year period generally runs from when you knew, or with reasonable diligence should have known, about a potentially actionable injury, and pinning that date down depends on the facts.2 A lawyer can look at your timeline.
How can my family help?
Often the injured person is the last to notice how much has changed. A spouse, parent or roommate can keep a running list, with dates, of lost words, short tempers, bad nights and forgotten errands, and can keep the appointment calendar and mail sorted.
I hit my head on the job at a resort. What are my options?
A head injury at work may fall under South Carolina workers' compensation.6 Report it to your boss right away, and no later than 90 days, and get a claim on file with the Commission inside two years, unless an exception applies.78 When a driver, contractor or other outsider helped cause it, a second claim against that party may be open to you.9
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
