Right After a Head Injury in Spartanburg
Your treatment is what matters first. Someone close to you can take care of the rest while you recover.
- See a doctor promptly. Call 911 for warning signs like a worsening headache, repeated vomiting, seizures, unusual confusion, trouble waking, weakness or passing out. Tell the Spartanburg Medical Center team, or whoever treats you, about any blow or jolt to your head, and keep every scan, follow-up and therapy visit.
- Return to the ER for new trouble. A headache that builds, new numbness or more confusion is a reason to head straight back.
- Track down the paperwork. Whether Spartanburg Police, a deputy or a store manager wrote it up, a relative can ask for that report and list who was there.
- Capture what you remember. If writing is a struggle, tell someone and let them write it down.
- Keep the helmet. A cracked bike or motorcycle helmet should be stored safely, even once it's replaced.
- Ask a family member to keep a log. Brief, dated notes on memory, mood, sleep and energy are useful.
When the Filing Clock Starts
Most personal injury suits in South Carolina have to be filed within three years.1 The discovery rule generally starts that period when a person knew, or with reasonable diligence should have known, about a potentially actionable injury. A brain injury diagnosed later doesn't automatically reset the clock, though when the injury could reasonably have been found depends on the circumstances.2
That deadline is for going to court, and an insurance claim doesn't stop it.3 Against a state or local government entity, the deadline is generally two years, and a qualifying verified claim may extend it to three years.4 Caps on damages can come into it as well.5
How that fits your situation is something a lawyer can explain.
Paper Trail Worth Starting
- Hospital and clinic records, including memory and thinking tests
- Performance reviews and timecards from both sides of the injury date
- Report cards or teacher notes for a student at one of the area's schools or colleges
- What your spouse, kids or shift lead have noticed
- Your own diary of headaches, lost days and missed tasks
It doesn't have to be neat.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Keeping up with details and calls is hard after a brain injury, and we keep that in mind. Relatives often see the changes before anyone else, so we listen to them as well. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Spartanburg County. For other life-altering injuries, see catastrophic injuries in Spartanburg. If a wreck caused it, see car crash claims in Spartanburg, and for the statewide view, South Carolina brain injury claims.
Tell us what the months since have looked like.
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
- 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.4
- 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.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
The ER said it was only a concussion. Does that count?
Yes. A concussion is a traumatic brain injury; the chart may call it "mild." Mild is a starting classification. It says nothing about how long fog, headaches or light sensitivity will hang on, and for some people that's weeks or longer. Make sure every doctor hears about the hit to your head.
My headaches got worse a month later. Does the clock start over?
Not automatically. Worsening symptoms or a new diagnosis don't reset the deadline on their own. The three-year period generally starts when you knew, or with reasonable diligence should have known, of a potentially actionable injury, and that date depends on the facts.2 Your own dates matter here, so walk a lawyer through them.
How can my family help?
People at home often spot changes first. A spouse, parent or roommate can jot short, dated notes about forgetfulness, temper, sleep and dropped tasks, and can keep the appointment calendar and insurer letters in one place. Those notes paint a picture of daily life since the injury.
I hit my head on a plant floor along I-85. Is that a work claim?
It may be. A brain injury on the job may qualify for South Carolina workers' compensation.6 The usual rule: notify your supervisor no later than 90 days out, and get a claim filed within two years, subject to some exceptions.78 Workers' comp usually limits suing your employer, but if an outside party helped cause the accident, a separate injury claim may be possible.9
You're in Charleston. How do we start from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston, and a family member is welcome to make that call for you.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
