If You Think You Were Exposed
Getting away from the source and getting care come first. A relative can handle the record-keeping.
Leave the room or building, especially if a carbon monoxide alarm is going off, and stop drinking water or using a product you suspect. Call 911 for serious symptoms; suspected carbon monoxide poisoning needs urgent care. For poison guidance, call Poison Control at 1-800-222-1222.3 Every doctor should hear what you think got into your system, and the day it happened.
Once you're safe, ask the fire department or other agency for its report. Photograph the spill, appliance, product or water from a safe distance, and keep a list of dates, smells, symptoms and who you talked to. Save labels, receipts, water bills and notices, but don't handle or store anything hazardous yourself; testing may need a professional. Many people talk to a lawyer before signing a release.
Exposure Risks on the Grand Strand
On the coast, exposures come from carbon monoxide in a hotel room, condo or rental, pool and cleaning chemicals, fuel and fumes on boats, and floodwater. Conway and Socastee know river flooding that can last for weeks after a big storm, as after Hurricane Florence.
When the Clock Starts
Illness from an exposure may not show up or be diagnosed for a long time. South Carolina generally allows three years for injury claims, but fixing the start date can be complicated. The period may start when you knew, or reasonably should have known, about a potentially actionable injury, even before you know the exact substance or every party.1
Most injury claims must be filed within three years, and that means a lawsuit; an insurance claim doesn't pause it.45 Government claims generally have two years, or three with a qualifying verified claim, plus special rules and damage limits.62
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
Proving a substance was present generally isn't enough. Depending on the theory, the evidence may need to show how the exposure happened, that the substance can cause this kind of illness and that it caused yours.7 Lab results, air or water testing, MSDS sheets from work and product labels can all become part of that proof.
There's more on toxic exposure claims in South Carolina.
Talk With Us
Start by telling us about the smell, the alarm or the water, and how long it went on before anyone noticed. 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.
If mold is the problem, see toxic mold in Myrtle Beach. Walk us through 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
- Most personal injury claims in South Carolina must be filed within three years.4
- 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.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
I found out about the contamination years later. Have I missed my chance?
Maybe not, but don't guess. The three-year period generally starts when you knew, or reasonably should have known, about a potentially actionable injury. You may not need to know the exact chemical or every party involved before it starts.1
My doctors are still running tests. Is it too soon to call?
No. Plenty of people call before a diagnosis. Keep going to appointments and request copies of your records as you go.
What if a public water system or other agency caused it?
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 § 15-3-530
- S.C. Code §§ 15-3-20 and 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.
