Frequenly Asked questions
Frequently Asked Questions
What does a criminal defense attorney actually do?
A criminal defense attorney reviews evidence, challenges improper procedures, and builds a legal strategy to protect your rights. They negotiate with prosecutors, file motions to suppress evidence when appropriate, and represent you in court — from arraignment through trial or sentencing.How long do I have to file a personal injury claim?
In South Carolina, the statute of limitations for most personal injury claims is three years from the date of injury. Missing this deadline typically bars your right to recover compensation, so consulting an attorney promptly after an accident preserves your options.What's the difference between a will and a trust?
A will directs how assets are distributed after death and goes through probate court. A trust takes effect immediately upon creation, can avoid probate, and offers greater privacy and control over how and when beneficiaries receive assets — making it a powerful estate planning tool.Can I still recover damages if I was partly at fault?
Yes. South Carolina follows a modified comparative negligence rule — you can still recover compensation as long as you are less than 51% at fault. Your award is reduced by your percentage of fault, so thorough documentation of the accident scene and injuries matters greatly.What qualifies as medical malpractice in South Carolina?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing patient harm. Common examples include surgical errors, misdiagnosis, birth injuries, and medication mistakes. Proving malpractice typically requires expert medical testimony to establish what a competent provider would have done.Should I speak to police before hiring an attorney?
No. You have a constitutional right to remain silent, and anything you say can be used against you. Politely declining to answer questions until you have legal counsel present is not an admission of guilt — it's a fundamental protection that experienced defense attorneys strongly advise.What happens to my estate without a will in place?
Without a will, South Carolina's intestacy laws determine who inherits your assets — which may not reflect your wishes. The state distributes property to relatives in a fixed legal order, and a surviving spouse may receive less than expected. Probate without a will can also take significantly longer.How is an auto accident settlement amount determined?
Settlement value considers medical expenses, lost wages, property damage, pain and suffering, and long-term care needs. Insurance companies also weigh liability and contributory fault. Having legal representation during negotiations typically results in higher offers because attorneys know how to document and present the full extent of damages.Is a DUI charge in SC a felony or misdemeanor?
A first-offense DUI in South Carolina is generally a misdemeanor, but repeat offenses or cases involving serious injury or death can be charged as felonies. Consequences may include license suspension, fines, ignition interlock requirements, and possible jail time — making early legal defense critical.When should I update my estate planning documents?
Review your will and trust documents after major life events — marriage, divorce, the birth of a child, a significant asset change, or the death of a named beneficiary. Even without changes in your life, a periodic review every three to five years ensures documents reflect current laws and intentions.
