What to Do After a Toxic Exposure in South Carolina
Medical care comes first, and a family member can help keep the records.
- Get away from the source. Leave the exposure area. Leave a home where a carbon monoxide alarm is sounding. Stop drinking water or using a product you think is contaminated.
- Get appropriate medical care. Call 911 for serious symptoms or emergencies. Suspected carbon monoxide poisoning requires urgent medical assessment. For other chemical exposures, seek medical advice promptly and follow the instructions of poison control or emergency personnel. Tell your doctors what substance may have been involved and when the exposure happened.
- Know the Poison Control number. For immediate poison exposure guidance in the United States, call Poison Control at 1-800-222-1222.3
- Ask for the incident report. If the fire department, police or another agency came out for a spill or leak, ask how to get their report or incident number.
- Photograph and write it down. Take pictures of the spill, the product, the water or the appliance from a safe distance. Note dates, smells, symptoms and who you spoke with.
- Preserve evidence safely. Keep packaging, labels, receipts, water bills, notices and photographs. Do not handle or store hazardous materials if doing so could expose anyone to danger. Professional sampling or preservation may be necessary.
- Take your time with any release. Many people talk to a lawyer before signing.
How Long You Have to File
Toxic exposure claims can involve illnesses that develop or are discovered long after contact with a harmful substance. South Carolina generally provides a three-year filing period for personal injury claims, but determining when that period begins can be complicated.1 That deadline is for filing a lawsuit in court, and opening an insurance claim does not stop it.4
The deadline may depend on when you knew, or reasonably should have known, that you had a potentially actionable injury. You don't necessarily need to know the precise chemical responsible, every party involved or the legal theory before the clock begins running.1 It's risky to assume your clock started late.
Most personal injury claims in South Carolina must be filed within three years.5 Different laws and deadlines may apply to some claims; for example, claims against South Carolina government entities generally must be filed within two years, although a qualifying verified claim may extend that period to three years.6 Special liability rules and damages limits may also apply.2
What Must Be Proven in a Toxic Exposure Case?
A toxic exposure claim generally requires more than showing that a chemical or substance was present. Depending on the legal theory, evidence may be needed to establish how exposure occurred, whether the substance can cause the type of injury involved, and whether it caused the particular person's illness.7
Medical records, environmental testing, workplace records, product information and opinions from qualified medical and scientific witnesses may all be important. Exposure does not automatically establish that someone is legally responsible for a medical condition.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. We want to know what happened, when you noticed it, who was involved and what your doctors have said. If you hire us, the insurers can usually deal with us. And we're straight with you about what we see.
The firm is based in Charleston and takes toxic exposure cases across South Carolina. If mold is what brought you here, see our page on toxic mold claims in South Carolina. If the exposure happened on the job, see our page on workers' comp claims in South Carolina. When an exposure leads to a lasting illness, see our page on catastrophic injury claims in South Carolina.
Walk us through what you were exposed to and when.
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 only learned about the contamination years later. Is it too late?
It may or may not be, and it isn't safe to guess. The three-year period generally begins when you knew, or reasonably should have known, that you had a potentially actionable injury. You don't necessarily need to know the exact substance or every responsible party before the clock starts.1 Ask a lawyer about your timeline soon.
Do I need a diagnosis before I talk to a lawyer?
No. Many people reach out while their doctors are still running tests. Keep your appointments and ask for copies of your records. A lawyer can look at the rest of what happened in the meantime.
What if a city water system or other public agency caused the problem?
A claim may be possible, but responsibility depends on the source of contamination, the agency's role and the applicable law. South Carolina government claims generally must be filed within two years, although a qualifying verified claim may extend that period to three years.6 Special liability rules and damages limits may also apply.2
What if I was exposed to a toxic substance at work?
A work-related exposure may qualify for workers' compensation benefits, depending on the circumstances and the occupational disease rules.89 A separate personal injury claim may also be possible against a responsible third party, such as a product manufacturer or outside contractor. Workers' compensation and civil lawsuits have different requirements and deadlines, so early evaluation matters.10
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.
