Practice Areas
As employees of Smith, Watts and Associates, we work hard for our clients. We vigorously pursue wrongful death actions, workers' compensation claims, and claims resulting in injury caused by medical malpractice, dangerous and unsafe premises, and the negligent operation of automobiles and other vehicles. We have the experience and will go to the courtroom to litigate your rights in a court of law.
Click on any of the areas to the right and you'll learn more about our practice areas and experience.
If you would like to know more about our experience or if you have questions, contact us at (843) 332-4700 or by e-mail.
PERSONAL INJURY
In addition to injuries incurred at the workplace or because of a defective product, individuals may be harmed because of the negligence of another person. In South Carolina, people who have been injured as a result of another's negligence may have a right to be compensated with monetary damages for their losses. Victims of negligence may recover for such things as bodily injuries, physical pain and suffering, mental anguish, disfigurement, permanent injuries, inconvenience, medical expenses and lost wages.
Some examples of the type of personal injury cases that the Law Offices of Smith Watts and Associates handled are motor vehicle collisions involving cars, trucks, tractor trailers, and trains. We also have handled cases involving injuries from prescription drugs, dog bite cases, or injuries suffered at nursing homes.
At Smith, Watts and Associates, we work hard to ensure that people who are the victims of negligence and personal injury cases are compensated fairly. We are thorough in our investigation and research. We fight the insurance companies to get the best possible settlement for our clients. To ensure this goal, we prepare every case on the assumption that it will proceed to trial. That is our commitment to our clients and it is vital to our long-term success for them. For more information please call us at (843) 332-4700, Toll Free (888) 332-4703 or by e-mail.
Return to TOP
WRONGFUL DEATH
Circumstances may arise where a family member or loved one tragically dies as the result of a collision with a car, train, tractor-trailer, fire, medical negligence or some other tragic event. Under the South Carolina law, beneficiaries of the estate may be able to recover monetary damages if one dies because of the negligence of another. In South Carolina, beneficiaries of the estate may be entitled to the following types of damages: grief, sorrow, mental anguish, loss of society, companionship, comfort, and guidance.
Beneficiaries may also be entitled to compensation from expected loss of income from the decedent, reasonable expected loss of services, protection, care and assistance, which the decedent may have provided; expenses for the care, treatment and hospitalization of the decedent from the injury that resulted in death; and reasonable funeral expenses.
At Smith, Watts and Associates, we have more than two decades of experience in helping survivors and beneficiaries recover what they are due under the law. Our lawyers work closely with clients in often difficult emotional times to fully recover what the law allows.
Any initial consultation with Smith, Watts and Associates is free. Contact our firm by phoning us at 843-332-4700, Toll Free 888-332-4703, or by e-mail.
Return to TOP
PREMISES LIABILITY - SLIP & FALL
You may be a victim of a 'slip and fall' accident in a store. You may have injured yourself because of a defective stairwell or at a building where there were code violations. In South Carolina, you may be able to recover based on a premises liability legal action.
Premises liability law concerns the duties of owners and occupants of property to those who enter that property. In recent years, courts have held owner-occupants responsible for foreseeable attacks and other security breaches.
The degree of duty depends on the status of the person entering the premises. For example, a shopper at a retail store is owed a high degree of care, while a trespasser is owed a low degree of care.
By law, business owners and occupants must keep their premises reasonably safe for business customers. In South Carolina, a business customer has the right to assume the safe condition of the premises.
Smith, Watts and Associates has successfully represented people who have suffered injuries due to negligence involving premises liability actions. Part of our success is due to our top-notch investigative capability to determine facts. For more information, please call us at (843) 332-4700 or by e-mail.
Return to TOP
DEFECTIVE PRODUCTS
When a manufacturer sells a product to the public, the manufacturer warrants to the public that the product is safe and that it will perform as expected. When the product injures someone and it fails to perform to the expectations of the public, the manufacturer can be held liable for the damages that are caused by the defective product.
South Carolina is one of the leaders in holding manufacturers responsible for the injuries caused due to their defective products. A manufacturer or a supplier of a particular part or even the retailer of a particular product may be held responsible for the injuries that are caused due to a product that they manufacture, produce, design or sell. Some examples of such defective products include various cars, minivans, trucks, tractor-trailers, medical devices, lead-based paint products and latex glove products.
Smith, Watts and Associates has extensive experience with products liability litigations. We have the manpower, resources and experience to take on these giant corporate interests and demand justice and compensation for all of those persons seriously injured or killed due to a defective product.
If you would like to speak to an attorney about a defective product case, initial consultations are free. Contact our firm by phoning us at 843-332-4700, Toll Free 888-332-4703, or by e-mail.
Return to TOP
WORKERS' COMPENSATION
The South Carolina Workers' Compensation Act provides a system for workers injured on the job to receive medical care and financial benefits without having to prove anyone was at fault. At Smith, Watts and Associates we have been helping workers get their entitled compensation for job-related injuries for over 20 years.
In South Carolina the basic premise and purpose of the South Carolina Workers' Compensation Commission is to compensate employees for the economic consequences of work-related injuries, illnesses, and disease without regard to fault. Every employer and employee within South Carolina is presumed to be covered by the S. C. Workers' Compensation Act.
To be eligible for workers' compensation benefits, the worker must have been injured while working within the scope of his or her employment. Generally, any injury suffered by an employee at the employer's place of business during working hours qualifies.
If you are injured while on the job, you should immediately report the accident to your supervisor or the owner of the business. This will alert the management of the injury. If you do not report the accident and injury, you may jeopardize compensation for your medical bills or other compensation, which you may be entitled to by state law. The injury and accident must be reported within 90 days from the date of the accident or the injured worker faces the possibility of statutory denial of the claim. Claims for compensation filed with the South Carolina Workers' Compensation Commission must be made within 2 years after the injury is sustained or an occupational disease is definitely diagnosed.
Let our years of experience assist you with receiving benefits from the South Carolina Workers' Compensation Commission. To find out more about your legal questions, call us at (843) 332-4700 or by e-mail.
Return to TOP
DOMESTIC LAW - DIVORCE & CHILD CUSTODY
In South Carolina, there are five grounds for divorce: separation of the spouses for at least one year ("no fault divorce"); adultery; physical cruelty; habitual drunkenness (alcohol or narcotic drugs); and desertion (must be continuous for one year). The proof needed to allow the Court to grant a divorce on one of these five reasons depends on your circumstances. The lawyer will ask you about your situation and advise you about your case. Testimony from a third party will probably be required. State law requires that a Family Court Judge make a specific finding that reconciliation is not possible before the Judge can grant a divorce.
In South Carolina, Family Courts handle all marital litigation. The Family Courts decide whether to grant a divorce; determine issues of custody and support (child support and alimony); and also equitable division of marital property. Family Courts can grant a request to allow a person to resume use of a maiden or previous name. Family courts also handle separation actions, which may include custody, visitation, support, and division of property.
When you and your spouse have separated but do not have grounds for divorce, you can apply to the Court for the right to live separate and apart. This is done through an action for "separate maintenance and support" which is a claim for spousal support. By working together, spouses are often able to decide issues without Court intervention. When such an agreement is reached, the parties have settled their case. When a couple has settled their issues, their lawyers will present the agreement to the Court and request that the Judge approve the agreement. If the Court finds the agreement fair, reasonable and voluntary, the agreement will then become an official Court Order. If the spouses cannot agree on how to divide their marital property, the Family Court will make the decision for them. Marital property usually includes all assets or debts acquired during the marriage, with certain exceptions such as inherited property or gifts from outside the marriage. Your lawyer will advise you on what is considered marital property.
The process begins formally by the service of a Summons and Complaint. The Defendant has 30 days after being served to file a formal written response and to request any other relief. If the parties can settle their case, the Court holds an abbreviated hearing. If the parties cannot settle, then each side can present evidence at a trial to show why the Court should grant the relief wanted. After the trial, the Judge will decide what relief should be given. A temporary hearing will be held if there are any issues that must be decided before the final hearing.
For more information on the process of a divorce, initial consultations are free. Contact our firm by phoning us at 843-332-4700, Toll Free 888-332-4703, or by e-mail.
Return to TOP
REAL ESTATE PROPERTY
In South Carolina all buying and selling of real property requires the use of an attorney to oversee and verify the validity of real property records. An improperly recorded deed or mismarked plat can spell disaster for the unsuspecting homebuyer.
At Smith, Watts and Associates we handle real estate closings on a daily basis. Our clients have the security of knowing that an experienced attorney has inspected the documents of what is most often the largest purchase a family or individual will make.
Let our years of experience help make your home or property purchase a confident one. To find out more about buying real estate in South Carolina, call us at 843-332-4700, Toll Free 888-332-4703, or by e-mail.
Return to TOP
CRIMINAL DEFENSE
Criminal and traffic charges can result in a loss of personal freedom and monetary fines. Therefore, it may be crucial for defendants who are charged with criminal or traffic violations to seek a lawyer's counsel.
In South Carolina, less serious charges are called misdemeanors, more serious charges are felonies. Either can result in a defendant's incarceration. A felony is a serious crime, including but not limited to murder, burglary, or robbery. Felonies may be punishable by fine, imprisonment or in the case of capital murder, death. A misdemeanor, or any crime not classified as a felony, is punishable by fine or imprisonment. Examples include simple assault, driving under the influence, trespassing or minor drug charges. An infraction is a violation of an ordinance or regulation, such as traffic rules.
At Smith, Watts and Associates, we have more than 26 years of trial experience defending individuals from reckless driving and driving under the influence charges to complex federal criminal charges. For more information, call us at (843) 332-4700, Toll Free (888) 332-4703 or by e-mail.
Return to TOP
CORPORATE & COMMERCIAL LAW
At Smith, Watts and Associates, we represent corporate interests throughout the southeastern United States. Our clients range from large corporations with over one thousand employees to small sole proprietorships.
If you are thinking about starting your own business or developing your existing company, talk to an experienced attorney and learn about the different types of legal business entities that are available in South Carolina. From limited liability to pass-through taxation, find out which structure will best suit your business needs.
Let our years of experience assist you to take part in South Carolina's booming economic environment. To find out more about your commercial and corporation legal questions, call us at 843-332-4700, Toll Free 888-332-4703, or by e-mail.
Return to TOP
MEDICAL MALPRACTICE
Medical Negligence or Medical Malpractice is the failure of a health care provider to follow the accepted standards of care, based on the information known or should have been known by the provider at the time, by doing something outside the standard of care or failing to perform actions required by the standard of care. The standard of care is measured by whether or not a similarly educated physician, engaged in the same type of medical practice, would render the same treatment. An individual bringing this type of action must prove the applicable standard of care and, through expert testimony, prove the healthcare provider breached that standard.
Even if a healthcare provider was negligent, the individual must prove that the injuries and damages were caused by that negligence. It is possible that injuries may occur that are characterized as acceptable complications under the standard of care. This creates the potential for minimal or no recovery for complications even when severe injury follows.
An individual must then prove the value of the damages suffered that are directly related to the negligence and their financial value. Damages include but are not limited to pain and suffering, lost or diminished income, medical and other expenses. Only expenses directly related to the negligence may be reimbursed.
In order to provide an individual with proper advice, we must be aware of the facts of the case. Please contact us for an initial consultation at no charge, to discuss a potential claim and how our firm handles investigation and representation.
Return to TOP
ESTATE & PROBATE
Smith, Watts and Associates also has extensive experience in estate planning, including Last Will and Testament, Living Wills and Power of Attorney. We can assist you with filing, dispersing and closing estates.
For more information on Estates and Probate, please call us at (843) 332-4700, Toll Free (888) 332-4703, or by email.
Return to TOP
