First Steps After a Toxic Exposure in North Charleston
- Leave the area.
- CO alarm going off? Get out.
- Stop drinking suspect water.
- Serious symptoms? Call 911.
- Possible CO poisoning? Hospital, now.
- Tell doctors what and when.
- For immediate poison exposure guidance in the United States, the Poison Control number is 1-800-222-1222.3
- Ask responders for an incident number.
- Photograph from a safe distance.
- Keep labels, bills and notices.
- Don't store hazardous material yourself.
- Hold off on releases.
Exposures Around North Charleston
North Charleston has rail lines, truck routes, warehouses and industrial plants, plus plenty of older homes and apartments with aging gas appliances. Exposures here can come from fumes on a plant floor, a spill from a tanker on I-26, a carbon monoxide leak in a rental, or floodwater pushing into a house after a summer downpour.
South Carolina Law on Toxic Exposure Claims
When the Clock Starts
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 Simply opening a claim with an insurance company does not stop the statute of limitations from running.4
Other Time Limits
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.6 Claims against a South Carolina state or local government agency could face caps on damages, depending on the facts of the case.2
What Has to Be Shown
A toxic exposure 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
Our statewide page explains how toxic exposure cases work.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
What happened, when did you notice, and what have your doctors said? Start there. 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. Mold instead? See our North Charleston toxic mold page.
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
I learned about the contamination years later. Too late?
Maybe, maybe not. Don't guess. A person does not necessarily need to know the precise substance responsible, every defendant or the legal theory before the clock begins running.1 Get your dates reviewed soon.
No diagnosis yet. Should I still call?
Yes. Plenty of people call mid-testing. Keep every appointment. Request your chart.
What if a public water system caused it?
It may be possible, depending on the source and the agency's role. 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.6 There could be caps on damages under the Tort Claims Act, depending on the facts of the case.2
The exposure happened on the job. What now?
Most injuries that happen on the job in South Carolina go through the workers' compensation system.8 Different workers' compensation timing rules may apply to occupational diseases that develop over time.9 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. Special rules and deadlines apply when pursuing both claims.10
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. We can also come to you, whether that's a hospital room, your home or another place that's easier.
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.
