First Steps After a Head Injury in North Charleston
Get checked. Then let family help.
- Call 911 for a worsening headache, repeated vomiting, seizures, confusion, trouble waking or passing out.
- Tell providers about any blow or jolt.
- Show up for every scan.
- New symptoms? Go back right away.
- Have someone request the incident report.
- Record what you remember now.
- Store a damaged helmet.
- Ask a spouse to keep dated notes.
Head Injuries Around North Charleston
In North Charleston, brain injuries follow rear-end wrecks on I-26, falls from loading docks off Palmetto Commerce Parkway, bike crashes near Park Circle and people on foot struck crossing Ashley Phosphate Road. Trident is in North Charleston, and there are freestanding ERs off Rivers Avenue and near the Coliseum. Let EMS pick the hospital.
South Carolina Law on Brain Injury Claims
When the Clock Starts
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 later diagnosis does not automatically restart the deadline, but when the injury reasonably could have been discovered depends on the circumstances.2
Insurance and Government Claims
Simply opening a claim with an insurance company does not stop the statute of limitations from running.3 Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed under the Act.5 Claims against a South Carolina state or local government agency could face caps on damages, depending on the facts of the case.4
Our statewide page explains how brain injury claims work.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Paper That Helps
- Neuropsych and memory testing
- Job reviews from before and after
- Report cards, for a student
- Coworkers' and friends' observations
- Your own headache diary
Messy is fine.
Talk With Us
A brain injury makes calls and dates hard to track. Bring a relative to the call if that helps. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. For other life-changing injuries, see our North Charleston catastrophic injury page.
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
Is a concussion really a brain injury?
Yes. Doctors call it a mild traumatic brain injury. "Mild" names the category, not the recovery. Symptoms can drag on for weeks or longer. Mention every bump or jolt to your doctor.
My memory got worse a month later. Does the clock reset?
Not automatically. 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 Have a lawyer look at your dates.
How can my wife help?
Spouses often spot changes first. Short dated notes on forgetfulness, mood swings and sleep go a long way. Appointments and insurer mail can go in her folder too.
I hit my head at the warehouse. What now?
Most injuries that happen on the job in South Carolina go through the workers' compensation system.6 An injured worker generally must tell the employer no later than 90 days after the accident, and a claim generally must be filed within two years.78 An employee injured at work may also be able to pursue a personal injury claim against a responsible third party.9
Do I have to come downtown for the first conversation?
The first conversation can happen by phone, and a family member can join. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. If getting downtown is hard, we can come to you, at the hospital, at your home or wherever works best.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
