After a Chemical, Fume or Gas Exposure in Spartanburg County
Health first. A relative can keep the paperwork straight.
- Get clear of it. Leave the area. If the CO alarm is going off, get everyone out of the house. Stop drinking water or using a product you suspect.
- Get checked by medical professionals. Call 911 for serious symptoms. Suspected carbon monoxide poisoning needs urgent care. For other exposures, get medical advice soon and follow what poison control or emergency crews tell you. Let your doctors know the substance and the timing.
- Keep the Poison Control number handy. For immediate poison exposure guidance in the United States, the Poison Control number is 1-800-222-1222.3
- Ask for the incident number. If the local fire department, police or a hazmat crew came out, find out how to get its report.
- Document from a distance. Photos of the spill, the product, the water or the appliance, plus notes on dates, smells, symptoms and who you talked to.
- Save records, not hazards. Keep labels, receipts, water bills, notices and photos. Don't store dangerous material yourself; testing or sampling may require a professional.
- Pause before any release. Many people show it to a lawyer first.
When the Filing Clock Starts
Illness from an exposure can surface or be diagnosed long after the contact. 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.1 Simply opening a claim with an insurance company does not stop the statute of limitations from running.4
A person does not necessarily need to know the precise substance responsible, every defendant or the legal theory before the clock begins.1 Hoping for a later trigger date is risky.
Most personal injury claims in South Carolina must be filed within three years.5 Some claims fall under other laws: Tort Claims Act suits against a government entity generally must be filed within two years, and a three-year deadline may apply with a qualifying verified claim.6 There could be caps on damages under the Act, depending on the facts of the case.2
What Has to Be Proven
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.7
That proof can come from medical charts, air or water testing, work records, product data and qualified medical and science witnesses. Being exposed doesn't by itself make anyone legally responsible for an illness.7
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
We listen first: what happened, when you noticed, who was involved and what the doctors say. If you hire us, the insurers can usually deal with us, and we'll be honest about what we see.
We take cases across South Carolina, including Spartanburg County. If mold is the issue, see toxic mold in Spartanburg. For an exposure on the job, see workers' comp in Spartanburg, or read the statewide page on toxic exposure claims.
Tell us about the substance, the place and the dates.
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
We only found out about the contamination years later. Have we missed our window?
Maybe, maybe not, and guessing is risky. The three-year period generally begins when a person knew or, through reasonable diligence, should have known of a potentially actionable injury. A person does not necessarily need to know the precise substance or every defendant before it starts.1 Get a lawyer's read on your dates soon.
The doctors are still running tests. Is it too early to call?
No. Reaching out mid-workup is fine. Keep the appointments and collect copies of results, and a lawyer can look into the rest meanwhile.
What if a public water system or another government agency is the source?
A claim may be possible, depending on where the contamination came from, the agency's role and the law that applies. 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.6 There could be caps on damages under the Act, depending on the facts of the case.2
I breathed fumes for months at a plant along I-26. Is that workers' comp?
Can we start by phone from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
