We cannot predict how long your case will take. Each case varies depending on the complexity of the claims, the extent of your injuries, the number of parties involved, whether liability has been accepted and the willingness of the at fault party to reach a reasonable settlement. When it becomes necessary to file a personal injury lawsuit, the case can take much longer. We will walk you through each and every step and keep you fully informed as we work your case. We will answer your questions and address your concerns and explain what to expect throughout the entire process.
In a personal injury case, you can receive money. The purpose of a recovery in a person injury case is to make you “whole” or restore you to the position you were in before or if the accident had not happened. There are two types of damages, economic and noneconomic. Economic damages include:
- Medical bills
- Medication
- Therapy/Rehabilitation
- Medical equipment
- Lost wages and future earnings
- Loss of earning capacity
Noneconomic damages include pain, suffering, disfigurement, loss of enjoyment of life, emotional distress and loss of consortium. In certain cases, you may also have a claim for punitive damages to punish the at fault party if their if their actions were egregious enough.
Wilson Legal Group can help you prepare your case every step of the way. We can help you by:
- Compiling medical records and bills
- Calculating the true costs of your injuries
- Gathering evidence to prove another party was at fault
- Making a settlement demand on the insurance company
- Pursing your case at trial, if necessary.
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” If you are taken into custody for questioning and you are not advised of these rights, any statements you give are inadmissible and cannot be used in Court.
No. The police are only required to read you your rights if they plan on using your statements against you in court. Some of the most damaging evidence in criminal cases are the accused’s own statements. Always consult a defense attorney before answering any questions or making any statements to the police. It is in your best interest to decline to answer any substantive questions and immediately seek legal counsel. Simply invoke your right to counsel by telling the police that you will not answer any questions until you can talk to your lawyer.
A grand jury is group of people composed to determine if the State has enough evidence to take a case to trial. The grand jury will make its determination based on witness testimony, documents, and other available evidence. If the grand jury determined there is enough evidence to conduct a trial, your case will be indicted by the grand jury. In South Carolina, your charges must be indicted by a grand jury before your case can go to trial.
Yes. A criminal defense attorney understands the judicial system and can guide you through the process. At Wilson Legal Group, our defense attorneys can speak to the police and prosecutors on your behalf, evaluate and explain the evidence against you, develop a defense strategy that serves your best interests, and fight to obtain the best outcome for your case. A skilled criminal defense attorney may be able to get your charges reduced, penalties lessened, or even get your case dismissed.
Yes. A skilled criminal defense lawyer can still help you even if you plan on pleading guilty. A lawyer can help you evaluate if the plea is really in your best interest. Additionally, a lawyer can help you determine if the state has enough evidence to offer you the plea you are accepting. A lawyer can appear for you and present mitigation at your plea hearing.
Yes. Although the state bears the burden of proving your guilty beyond a reasonable doubt, you are still subject to the same penalties as everyone else in the event of a conviction. A criminal defense attorney can fight for you to make sure your rights are protected throughout the entire process.
Yes. Do not make any statements to the police and talk to a lawyer. You may not be convicted if the State cannot prove their case. If your rights were violated, it may be possible to have evidence suppress. If the State cannot prove your guilt beyond a reasonable doubt, you may not be convicted, and there may be other options. Wilson Legal Group can discuss this with you and protect your rights.
You should immediately contact an attorney. In South Carolina, you have certain deadlines from the date you were served with any family court pleadings to file a response to avoid default judgment being issued against you.
Both a prenuptial and postnuptial agreement is used to resolve the distribution of assets and debts should the marriage end. A prenuptial agreement is signed before the couple is married, while a postnuptial agreement is signed after the couple is married. Both agreements are effective tools for making financial decisions.
Yes. South Carolina law treats child support and visitation independently of one another. Failure to pay child support cannot be used as a reason to withhold visitation. On the other hand, the noncustodial parent cannot refuse to pay child support because the custodial parent is denying visitation time.
In South Carolina, if there is no court order and the parents were married at the time of the child’s birth, both parents have an equal right to the child. It is illegal for one parent to hide the child from the other parent. If the parents were not married at the time of the child’s birth and there is no court order, the mother automatically has presumptive custody of the child.
Family law can be extremely complicated and can have dramatic effects on you and your loved ones. In some cases, it may be best to work towards an agreement while a contested hearing may be necessary. Our dedicated, educated and professional attorneys will help navigate you through this difficult legal and emotional process.
After a person passes away (the decedent), their estate must be distributed according to their will or by state law if the person passed away without a will. This distribution is accomplished through probate. The Probate Court is responsible for determining the validity of a decedent’s will, ensuring their assets are accounted for and appraised, their debts are satisfied, and the property is distributed to the proper beneficiaries.
A simple estate normally takes around 1 year from start to finish. This includes an 8-month claim period for creditors to file claims against the estate for any outstanding debts the decedent may owe. If the Court becomes congested with cases or a dispute arises concerning the estate, this process can take substantially more time.
A will should cover all areas of your estate. The language of your will must be clear and unambiguous and may require specific legal terms to comply with estate law. Our lawyers can draft a will that should withstand contest and specifically lay our your desires when it comes to the distribution of your estate.
Under South Carolina Statute, the decedent’s estate will pass through intestacy. Intestacy law in South Carolina dictates that if the decedent is survived by a spouse and children, the spouse is entitled to half of the estate and the children will equally share in the remaining half.
The personal representative manages the decedent’s estate during probate and distributes the estate pursuant to the will or Court’s Order. This includes maintaining the estate paying any outstanding bills and debts.
No. Certain assets avoid probate because they do not pass through a will, rather they automatically pass on to the beneficiary. Assets that do not pass-through probate include assets held in trust, payable on death bank accounts, transfer on death securities, retirement accounts, life insurance policies with beneficiary designations and real estate held jointly with right of survivorship.
A will controls all aspects of your estate and only comes into effect after you die. On the other hand, a trust takes effect immediately upon its creation and can only distribute the property placed in the trust.
A power of attorney is a formal document which grants to power to another to make decisions regarding your affairs should you become unable to handle them. A durable power of attorney survives should you become incapacitated while a general power of attorney does not.
A legal document executed for the purpose of assigning someone the power to make healthcare decision on your behalf should you become unable to participate in those decisions yourself.