What to Do After a Head Injury in Summerville
Head injuries can hide at first. Let a relative or close friend run the errands while you focus on getting checked and following through.
- Get evaluated promptly. Call 911 for warning signs like a headache that keeps getting worse, repeated vomiting, a seizure, odd confusion, trouble waking up, weakness or passing out. Make sure each doctor hears how your head was struck or whipped around, and show up for the scans and therapy they schedule.
- Go back in if anything changes. New or worse symptoms mean another trip for care.
- Track down the report. Depending on where it happened, that could mean Summerville police, a sheriff's office, the Highway Patrol or a store manager.
- Get your memory on paper early. If writing is hard, talk it through while someone types.
- Bag the helmet. A cracked bike or motorcycle helmet stays in storage even after you buy a new one.
How Brain Injuries Happen Around Summerville
A rear-end crash in the I-26 crawl toward Charleston, a fall from a ladder on a new-home job site, a cyclist knocked down on Ashley River Road, a slip on a wet floor in a grocery store: any of these can cause a concussion or something worse. The symptoms may not match how the accident looked.
When the Filing Clock Starts
Most injury suits in South Carolina must be filed within three years.1 Under the discovery rule, that time generally begins when you knew, or through reasonable diligence should have known, about an actionable injury. A later TBI diagnosis does not automatically reset it, though when the injury could reasonably have been found depends on the situation.2
The limit is for a lawsuit, so a claim with an insurer does not hold it.3 Suits against a state or local government entity generally have a two-year limit, which a qualifying verified claim may stretch to three years.5 Special rules and damage caps may also apply.4 A lawyer can tell you how these rules fit your facts.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Paperwork That Helps
Neuropsych and memory testing results, before-and-after work reviews or attendance records, report cards for a student in Dorchester District Two or Berkeley County schools, and notes from coworkers or friends all help show the change. A rough journal of headaches and bad days counts too. Nothing has to be neat.
More background is on our statewide page about South Carolina brain injury claims.
Talk With Us
Keeping track of calls and dates is harder after a brain injury, so we go at your pace and welcome a family member on the line. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If the injury came from a wreck, see our page on Summerville car accidents.
Tell us how you were hurt and what has changed at home and at work.
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
Do I need to come to Charleston for the first meeting?
No. The first conversation can happen by phone, which helps when driving or long conversations are hard. Our office is on King Street in downtown Charleston.
Does a concussion count as a brain injury?
Yes. Medically, a concussion is a traumatic brain injury, usually put in the mild category. That label describes how it was first graded, not how much it will disrupt your life, and some people deal with symptoms for weeks or longer. Make sure your doctor knows about any hit or jolt to your head.
The headaches and memory trouble got worse a month later. When does my time start?
Worse symptoms or a new diagnosis do not automatically reset the filing period. The three years generally run from when you knew, or with reasonable care should have known, that you had an actionable injury, and that date depends on the facts.2 Bring the dates of your ER visit and later appointments to a first call.
How can my family help?
People at home often spot changes first. A spouse or parent can jot down dated notes about forgetfulness, irritability, sleep and dropped chores, and keep the appointment calendar and insurer mail in order. Those notes can show what everyday life has looked like since.
I was hurt at a warehouse job off I-26. Is that a workers' comp case?
It may be. Most on-the-job injuries in South Carolina go through workers' compensation, which usually limits suing your employer.6 The usual rule is notice to your boss within 90 days and a filing with the commission inside two years, subject to exceptions.78 If someone outside your employer helped cause the injury, a separate claim against them may be possible.9
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
