Author: admin

Woman working on personal injury claim

Frequently Asked Questions About Personal Injury Claims

Posted on

If you got hurt and it was someone else’s fault, you might have a few questions. It would be impossible to address every question you might have in this one article, but we will answer some of the frequently asked questions about personal injury claims. A South Carolina personal injury attorney can help you hold the at-fault party accountable for your injuries and other losses. 

Do You Have a Personal Injury Claim?

Good question. We will have to prove that the defendant (person we sue or file a claim against) was negligent and that negligence caused the accident that harmed you, to hold the defendant liable. For example, reckless driving is negligent. If the defendant drove unsafely and crashed into you as a result, we could pursue a claim against them for your injuries.

Having a claim for personal injuries on one day might not mean that you have a valid claim on some other day in the future. Things can happen well after the accident that take away your right to seek compensation for your losses.

Is There a Deadline for Taking Legal Action in South Carolina?

Yes, every state limits how much time you have to file a personal injury lawsuit. If you miss the deadline, also called the statute of limitations, you lose the right to go after money damages from the at-fault party. 

Negotiating with the insurance company does not satisfy the statute of limitations. Also, the insurance company will stop negotiating with you after the filing deadline expires because they no longer owe you any money.

How Much Money Can You Get for Your Personal Injury Claim?

Every personal injury case is different, so no one can say how much money you might get for your claim before they talk to you and investigate your situation. Your claim could include things like medical expenses, lost wages, pain and suffering, and other losses.

What Kinds of Personal Injury Claims Are There?

You might have heard about personal injury claims for injuries suffered in motor vehicle accidents and slip-and-fall accidents. There are many other types of personal injury claims, like:

  • Products liability, when a defective item causes you harm
  • Wrongful death
  • Medical malpractice
  • Dangerous drugs and medical devices
  • Intentional acts, like assault

These are just a few examples, so do not lose heart if your situation is not on this short list. Your personal injury lawyer can talk to you about whether you might have a personal injury claim.

How Can You Afford to Hire a South Carolina Personal Injury Lawyer to Handle Your Claim?

Most lawyers handle personal injury cases on a contingency fee basis, which means that you will not have to pay any upfront legal fees. Your lawyer’s fees will come out of the settlement proceeds or court award. You will get the details of your attorney’s contingency in a written agreement at the beginning of your case.

Do You Really Need a Lawyer for Your Personal Injury Claim?

South Carolina law does not force you to hire a lawyer to handle your case, but doing so can be a smart choice. You will get to rest and recuperate while your attorney does the leg work. Also, having a lawyer on your side can protect you from questionable tactics that the insurance company might try.

You can reach out to your South Carolina personal injury attorney today for a free initial consultation. Contact our office today for help with your case.

Business client and lawyer discussing documents

What is a Non-Disclosure Agreement and When Should a Business Use One?

Posted on

There is a lot of misinformation about non-disclosure agreements, and that confusion can lead to business disputes. The short version is that a person who signed a non-disclosure agreement cannot talk about the information the agreement protects with anyone who is not authorized to discuss the topic. Of course, you need to know more than that about non-disclosure agreements. 

Let’s explore what a non-disclosure is and when a business should use one. A South Carolina business contracts attorney can answer your questions about these documents and draft the right kind of non-disclosure agreement for your company.

An Overview of Non-Disclosure Agreements

Non-disclosure agreements (NDAs) go by several names, for example, they can also bear the title of proprietary information agreements (PIAs), confidentiality agreements (CAs), and confidential disclosure agreements (CDAs). If drafted properly, NDAs are enforceable in court and can protect the information the company wants to keep secret.

Situations In Which Businesses Use NDAs

Companies require entities who are not employees of the business to sign confidentiality agreements to protect the company from the disclosure of private business information in these situations:

  • When a prospective buyer wants information about the business that the general public does not know, the company might require the potential purchaser to sign an NDA.
  • Vendors, suppliers, and prospective investors also might have to sign a confidentiality agreement before getting access to private information about the company.

Many companies routinely require employees to sign confidentiality agreements, particularly if their job duties require the workers to access private information like customer lists, client data, trade secrets, marketing plans, and other topics that could harm the business or benefit competitors if leaked.

Before the advent of non-disclosure agreements, a person could go work for a business, access their confidential information, and then set up a new business in competition with their former employer. NDAs prevent that outcome and provide legal remedies for the employer if a former worker misappropriates protected information.

The company can require new employees to sign confidentiality agreements as a condition of their employment. The company might have to offer existing employees some type of consideration to sign NDAs if they have not signed one for the company in the past.

Enforceability of Confidentiality Agreements

An NDA might not get enforced by the court if the judge determines that the company is using the document to restrict more than they need to or to take away legal remedies of the worker. Here are some examples of NDAs that might be unenforceable:

  • The agreement has an unreasonable duration, like restricting the employee from opening or working for a competing business using similar business processes for 20 years after leaving the company.
  • The geographic scope is too large, for example, banning the worker from engaging in similar work anywhere in the United States, even though the company’s clientele were only located in one city in South Carolina. 
  • Banning the employee from ever discussing anything they learned on the job, no matter how mundane, would be too broad or too restrictive. A department store does not need the same protections as a government intelligence agency, by way of example.
  • Prohibiting the worker from reporting the company for breaking the law or exercising their legal rights if the company engaged in illegal activity against the employee. A business cannot force workers to sign away their right to be free from illegal discrimination or other rights as a condition of employment.

There are many other reasons why an NDA might be unenforceable, which is why you will want to work with a South Carolina business attorney to tailor your non-disclosure agreements to your needs. Reach out to our office today for help with your case.

Business Lawyer discussing legal documents with client

Tips for Avoiding Litigation in Business

Posted on

Getting embroiled in litigation can cause great damage to your company, both in terms of massive legal fees and negative repercussions to the reputation of your business. As Benjamin Franklin said, an ounce of prevention is worth a pound of cure. It is best for your company to avoid getting sued or having to file suit.  

Here are some tips for avoiding litigation in business. You can talk with a South Carolina business attorney about how to implement these strategies in your company.

Be Proactive

Some business owners or managers think they do their job well if they respond to problems promptly. Actually, they would do their job better if they looked for potential problems and fixed them before they happened. This approach is similar to keeping your car well-maintained rather than waiting until you break down at the side of the road.

Listen to feedback and suggestions from your employees and customers. The compliments can be useful to analyze what your company is doing right so that you can try to replicate that behavior in other areas of your business. Complaints give you an opportunity to fix small problems before they develop into significant issues that could lead to litigation.

Return to the “Customer First” Model

In the past, many businesses operated under the principle of “the customer is always right.” Of course, the customer was not always right, but business owners would bend over backward to meet the expectations, however unreasonable, of the customer base. When the company made an honest mistake, it would go to great lengths to make it right.  

This approach avoided litigation and generated fantastic word-of-mouth benefits because the business got a reputation for treating its customers like gold. Going the extra mile might cost a little more initially, but the money it saves in preventing lawsuits and the money it makes for your company when it has an excellent reputation will be worth the expense. People do not tend to sue companies that treat them well.

Hire Carefully

If you make the mistake of hiring a difficult or litigious person to work for your company, it can be challenging to terminate the person’s employment without facing a lawsuit. You will want to perform a thorough background check before extending an offer of employment. You might not receive useful information from prior employers if they are concerned about getting sued by the job candidate. 

If you have legitimate concerns, think twice about hiring the individual. Always use a probationary period with new employees. Have the individual sign a document that gives you the right to terminate the employment during or at the end of the probationary period with or without cause. 

Use Alternative Dispute Resolution Methods

Mediation or arbitration can be useful ways of resolving disputes. These methods can be less expensive than full-blown litigation. Also, alternative dispute resolution can preserve the working relationship with the employee, vendor, or customer. 

Another option is to have a South Carolina business attorney negotiate a settlement of the claim against your company. You might be able to use any of these three methods to de-escalate the dispute and resolve the conflict amicably. Contact our office today for help with your case.

Woman taking out check

How Long Does It Take to Get a Personal Injury Settlement Check in South Carolina?

Posted on

So, your personal injury claim has settled and you want to know when you will get your money. Unfortunately, with personal injury cases, you do not walk out of your lawyer’s office with the check on the same day that your case settles. Several processes need to happen before that point.

A Willcox Law Firm attorney can answer your questions, like how long does it take to get a personal injury settlement check in South Carolina? Here are some things you will want to know about the settlement process.

First, the Paperwork

Before the insurance company releases their grip from the settlement money, they will want it in writing that they will have no further liability for any claims arising out of the accident. They will send your lawyer a release and waiver of liability. They might also have you sign a settlement agreement. 

Sometimes, the insurance company will want you to sign away more of your legal rights than you actually have to. This is one of the many reasons why it is a good idea to work with an attorney on your personal injury case.

After you sign the release, you can never come back and ask for more money for your injuries from this accident. It is usually best to complete your medical treatment before signing the release. If you settle too early, you might later find out that you need more medical treatment, which will then have to come out of your own pocket.

It will take some time, possibly a week or two, for the paperwork to get drafted. If there are any disputes about the language contained in the documents, those disagreements could delay the settlement until the parties resolve their differences about the papers. 

Court Approval of the Settlement

In some situations, like an accident in which a minor or incapacitated person got injured, it might be necessary to get the settlement approved by a court. This requirement can add weeks or months to the process, depending on how soon you can get on the court’s docket. 

The Proceeds Check

The insurance company will issue a check made out to you and your attorney. Usually, issuing the check  takes a week or two. You and your lawyer will sign the settlement check, then your lawyer will deposit it into an escrow account. 

Your lawyer will use some of the proceeds to pay liens against the settlement, like any unpaid medical bills, Medicare or Medicaid costs, possible deductibles and co-pays from your health insurance carrier, and liens for delinquent taxes or child support. Your attorney then deducts court costs, litigation expenses like expert witnesses, and legal fees.

The remaining funds get sent to you by your lawyer. If your lawyer’s office is geographically near where you live, you might arrange to pick up your check. Otherwise, the check goes through regular US mail. Your bank might place a temporary hold on the check, depending on the amount and whether the check is written on an out-of-state bank account. 

Time is of the Essence

The defendant’s insurance company might try to drag their heels, because the longer they can hold onto the money, the longer they can make money from their investments of those funds. A Willcox Law Firm attorney will do whatever is possible to prevent the insurance company from unreasonable delays. Get in touch with our office for help with your case, we gladly offer a free consultation.

Self driving cars on the road

Self-Driving Cars and Pedestrian Injuries

Posted on

With the expanding popularity of self-driving cars and the increasing development of driver assistance technology, some people have concerns about the safety of pedestrians when vehicles do not have a human operator. When a pedestrian gets injured, it can be unclear exactly who might be liable for their losses.

A South Carolina car accident attorney can help you sort out the liability issues and seek compensation for your injuries and losses. This article will discuss some of the challenges that can arise in situations involving self-driving cars and pedestrian injuries. 

Self-Driving Cars and Expanded Driver Assistance Technology

The lines are becoming increasingly blurred between self-driving vehicles and the constantly increasing levels of driver assistance technology in today’s passenger cars and trucks. There are not many fully self-driving cars on the road. Usually, there is a driver in the driver’s seat who can jump in and respond to a crisis.

In some collisions, there are allegations that the driver relied too much on the driver assistance technology and failed to pay attention to the road. After some crashes, witnesses have accused the driver of having been asleep at the time of the wreck. 

Driver assistant technology is improving from one year to the next. Some cars have sensors that alert the driver to the presence of an impending collision in front of, behind, or on either side of the car. Unfortunately, some drivers rely too much on this technology and avail themselves of the excuse to no longer pay attention to their surroundings while on the road.

Pedestrian Safety and Vehicle Technology

Some pedestrians also place too much faith in technology, assuming that cars with self-driving or other driver assistance features will protect the pedestrian from getting hit by the vehicle. Granted, some cars will automatically brake to prevent hitting another car or a walker, but not all vehicles have that capability. Pedestrians should always exercise caution before stepping into the street, even when they are in a crosswalk and crossing the street legally.

How to Prove Who Was at Fault

The legal analysis of liability is the same in every pedestrian accident. First, you establish the party had a duty of care toward the other person. Then, you show how the negligent party breached their duty of care and caused the collision. Finally, you prove the injuries and other losses of the plaintiff.

There is some confusion, when the plaintiff was not at fault, about who can be responsible when a self-driving car strikes a person on foot. Is the driver liable, the manufacturer of the car, or the company that developed the self-driving or driver assist technology? 

The answer to that question will depend on the unique facts of the case. For example, if the driver negligently failed to devote their attention to what was happening on the road, and instead, took a nap or watched a movie on an electronic device instead of watching the road, the driver could get held responsible for the crash. On the other hand, if the car had a mechanical malfunction, the vehicle manufacturer could be liable. 

Cases involving self-driving cars and pedestrian injuries are tricky, at best. You will want to talk to a South Carolina personal injury attorney about your case. Get in touch with our office today for help with your case.

Business' paperwork on a table for a company

Penalties for Breach of Fiduciary Duty

Posted on

Breach of fiduciary duty is an increasingly common accusation raised among people in business when they have disputes with their partners, managers, and employees. Usually, the penalties for breach of fiduciary duty are financial, since violations of a fiduciary duty often cause economic losses.

If you suspect that someone has breached their fiduciary duty, you will want to talk to a South Carolina business attorney about your options. These situations are not one-size-fits-all. The appropriate remedy in one dispute might be quite different from the outcome in another.

An Overview of Fiduciary Duty

A person has a fiduciary duty when they have a responsibility to put the interests of another individual or business ahead of their own interests. For example, business partners have a duty to take actions that are in the interests of the partnership and their partners. If one partner acts in a way that benefits the partner at the expense of the other partners or the partnership, the partner has breached their fiduciary duty.

What Can Constitute Breach of Fiduciary Duty

Breaches of fiduciary duty typically vary based on the role of the violating party. In other words, partners tend to perform different actions than employees or members of the board of directors when they violate their fiduciary duties.

Here are a few examples of conduct that can constitute a breach of fiduciary duty:

Partners

A partner might take company funds or assets for their personal use. The partner might commit actual embezzlement or merely mismanage partnership accounts. Partners also need to disclose conflicts of interest and refrain from engaging in self-dealing like funneling contracts away from the partnership to their personal business entity. 

When a partner is negligent or takes illegal actions, the partner could breach the fiduciary duty to the partnership by damaging the company goodwill and exposing the partnership to liability. 

Board of Directors 

Members of the Board of Directors face some of the same opportunities for breaching their fiduciary duties as a business partner, like conflicts of interest and self-dealing. In addition, the board of directors might violate shareholder agreements about voting rights, payment of dividends, and access to records.

Employees and Agents

When someone acts on behalf of someone else as their agent or employee, they have a fiduciary duty not to use the relationship to harm the principal or employer. Common types of fiduciary breaches include theft, embezzlement, colluding with a competitor, filing fraudulent invoices or expense reports, or sharing the employer’s customer lists and trade secrets.

The Importance of the Partnership Agreement, Employment Contract, and Bylaws

The partnership agreement, employment contract, bylaws, or other applicable document might address the issue of what penalties are available in the event of a breach of fiduciary duty. You will need to look to these documents first when exploring your options against the person who violated their fiduciary duty. 

Taking Legal Action for Claims of Breach of Fiduciary Duty

Breach of fiduciary duty is typically a common law issue, meaning that there is an absence of specific criminal statutes that create a specific offense called breach of fiduciary duty. Instead, the person violating the fiduciary duty could face criminal charges or a civil lawsuit for fraud, embezzlement, theft, or other conduct. 

The criminal penalties would depend on the offense charged. Civil penalties usually bear some relationship to the financial harm caused by the breach of fiduciary duty. 

A South Carolina business attorney could talk to you and help you seek to recover the economic harm that you or your business entity suffered as a result of the breach of fiduciary duty. Contact our office today for help with your case, we gladly offer a free consultation.

Client sitting with personal injury attorney

How Much is My South Carolina Personal Injury Case Worth?

Posted on

Every personal injury case is unique because everyone’s injuries and losses are different. We cannot merely throw out a random number to represent the financial value of your South Carolina personal injury case. We will need to perform an investigation and talk to you before we can determine the answer to the question, how much is my South Carolina personal injury case worth? 

You will want to talk to a South Carolina personal injury attorney about how to protect your legal right to compensation from the person whose negligence caused your injuries. A lawyer can take care of the “heavy lifting” on your personal injury case so that you can focus on resting and getting better. 

Past Medical Expenses

The amount of medical bills you incurred for the treatment of your wounds will be a significant factor in determining how much your South Carolina personal injury case is worth. A person with $80,000 in medical bills from an accident or illness is likely to receive a much larger settlement or jury verdict than someone who has only a few hundred dollars in medical bills or did not get medical treatment.

Anticipated Future Medical Expenses

If your treating physician feels that you will need future medical treatments because of your wounds, we can add the anticipated cost of that intervention to your personal injury claim. Generally, it is best not to settle your injury claim until you have completed all of your prescribed treatment; however, if you need a series of procedures, like scar revision and plastic surgery from burns, that process could take several years.

Past Lost Wages

This category encompasses paychecks you did not receive because you could not go to work while recuperating from your injuries. Also, when you could not be on the job because of medical treatments like surgery or physical therapy and the time you needed to recover from those things, lost income for those events can be recoverable. 

Diminished Earning Capacity

Some people have ongoing issues after completing their medical treatment. They might have chronic pain or weakness. These things can impact the amount of money a person can earn on the job. They might need to take a lower-paying position at work, get a job with a different employer, or work fewer hours because of their impairment. Diminished earning capacity can lead to financial hardship. 

What is “Pain and Suffering” in a South Carolina Personal Injury Claim?

The word pain in the term pain and suffering refers to exactly what it sounds like, physical discomfort. You might have hurt for weeks or months after the accident. Suffering can refer to the inconvenience that the accident and injuries placed on your life and schedule. Also, a person might suffer with emotional upset from the traumatic experience of the accident and their worries about what the future will hold for them.

Other Intangible Losses

A common cause of post-traumatic stress disorder (PTSD) is motor vehicle accidents and other traumatic events. When a person develops PTSD because of an accident, that can be a recoverable loss. An individual could receive monetary damages for disfigurement if they developed extensive or highly visible scars from their injuries. These are merely two examples of the many things that can constitute intangible losses in a South Carolina personal injury claim case.

You can get started with a South Carolina personal injury attorney today. The initial consultation is free, and there is no obligation. Contact our office today for legal help.

Man driving car

What Are the Odds of Dying in a Car Accident?

Posted on

Many people have anxiety when driving or riding as a passenger in a car. They might be surprised to learn how low their odds are of getting killed in a crash. They are much more likely to die of other causes rather than a collision.

If you got hurt or a loved one died because of a motor vehicle accident, a South Carolina personal injury attorney can help you go after the compensation you deserve from the party whose negligence caused the collision. Let’s take a look at the odds of dying in a car accident. 

Statistics for Fatal Car Crashes

The National Safety Council reports that the lifetime odds of dying from a motor vehicle crash are one in 101. In comparison, the lifetime odds of death for a pedestrian incident are one in 541, and for a motorcyclist, the odds are one in 799. Bicyclists have odds of one in 3,396. 

When you compare the deaths odds for motor vehicle crashes to the statistics for pedestrians, motorcyclists, and bicyclists, it might look as if it is safer to be a walker, motorcyclist, or bicyclist in a collision in a person driving or riding in a car, but that would be an incorrect conclusion. The odds are lower for those three groups because there are far fewer pedestrians, motorcyclists, and bicyclists than people riding around in cars and trucks. 

Comparative Lifetime Odds of Death from Various Other Causes

Before you swear off ever leaving your house again in an attempt to avoid dying in a car accident, it might allay your concerns to know the lifetime odds of death for some other causes. For example, the lifetime odds of death, based on 2020 numbers in the United States, are:

  • 1 in 6 from heart disease
  • 1 in 7 from any type of cancer
  • 1 in 12 from COVID-19
  • 1 in 21 from accidents and other incidents that were preventable
  • 1 in 28 from lung disease and other chronic diseases of the lower respiratory tract
  • 1 in 67 from an opioid overdose, including prescription opioid painkillers, heroin, and other forms of opioids
  • 1 in 93 from suicide

Seeing these lifetime odds of death can put help to put the likelihood of death from a motor vehicle collision into perspective.

Recoverable Damages After a Car Accident

So, what are your options for getting compensation for your losses after a motor vehicle crash?

Personal Injury

You could seek money damages from the at-fault driver for your economic losses, like medical bills, lost wages, and decreased earning capacity. Also, the party who caused the accident could be liable to pay compensation to you for other losses, like pain and suffering and loss of function. 

Wrongful Death

If your close relative did not survive their injuries from a car crash, you might be able to pursue a wrongful death claim against the party whose carelessness caused the collision. South Carolina law allows the legal beneficiaries to recover compensation for the loss of the deceased person’s income that helped to support the family, loss of services performed for the benefit of the household, loss of companionship and guidance, and other losses.

Also, the estate of the decedent could recover the final medical expenses, as well as funeral and burial costs. 

A South Carolina personal injury attorney could help you hold the careless party accountable in a personal injury or wrongful death claim. Get in touch with our office today for legal help.

Car speeding down the road

What Should You Do After a Hit and Run Accident?

Posted on

South Carolina law prohibits any involved party from leaving the scene of a car accident other than temporarily going to report the accident to the authorities. Unfortunately, not all people obey the law, and hit-and-run accidents occur. This can be a very stressful and overwhelming experience. Our South Carolina car accident attorney is here to help if you have been involved in a hit-and-run accident.

What to Do After a Hit And Run Accident

After a hit-and-run accident, the most important thing is to call 911 and file a police report. You should also seek medical attention promptly. If you can, take note of any information about the other vehicle and accident scene, such as license plate and details about the other car and driver. If anyone witnessed the incident, try to get their contact details.

Although leaving the scene of an accident is a crime with serious implications, many drivers never face the consequences of their actions. If the police are unable to locate the driver, you may need to seek the advice of an attorney to file an uninsured motorist claim.

Uninsured Motorist Coverage

Most people who leave the scene of the accident do so because they lack car insurance, were driving under the influence or had other legal problems they feared would come up if police were called. Even if a hit and run driver is not found, you still have options for recovering compensation for your injuries or property damage.

South Carolina requires uninsured motorist coverage for all drivers. Specifically, every driver must have minimum injury coverage of $25,00 per person or $50,000 for all involved. This covers medical costs, lost wages, and pain and suffering. Every driver must also carry minimum property damage coverage of $25,000.

To recover from this portion of your insurance, you file a suit against the “John or Jane Doe” who abandoned the accident scene.

To access this coverage, you must meet some requirements:

  • You must report the accident promptly after it happens.
  • Your crash and injuries must have resulted from contact with the other car or something the car did to cause you to crash. 
  • You are not careless in identifying the hit-and-run driver.

Seeking coverage under your uninsured motorist policy can be difficult to go alone. Having an experienced personal injury attorney on your side can be invaluable after a hit-and-run accident and lead to a better outcome.

Speak With An Attorney

It is not uncommon for individuals to find the uninsured motorist insurance process challenging to navigate. Most people understandably do not like dealing with legal matters or insurance companies alone.

If you have questions about uninsured motorist coverage in South Carolina or need an attorney for your pending case, we can help. Do not delay seeking help as you have three years to sue on a claim, with some exceptions. Contact our office today for a free consultation.

Business attorney writing

Dissolving an LLC in South Carolina – Watch Out for These Four Things

Posted on

It is relatively easy to set up a limited liability company (LLC) in South Carolina. After an LLC has served its purpose, or if you created an LLC for a start-up that never materialized, you might wish to dissolve the LLC.

A South Carolina business attorney can provide legal advice on the steps you need to take. When dissolving an LLC in South Carolina, watch out for these 4 things. 

Doing Nothing

One of the worst ways to dissolve an LLC in South Carolina is to do nothing and hope that the business entity will simply fade away on its own. Failing to fulfill your legal obligations of filing reports, preparing tax documents, sending collected sales tax to the appropriate authorities, or other missteps could land you in hot water. 

Dissolving an LLC Is Different from Winding up the Business

Dissolving an LLC in the state of South Carolina means that you go through a formal process called “dissolution” in which you end the legal existence of the business entity. Voluntarily dissolving an LLC of which you are a member is preferable to a court ordering an involuntary dissolution or having the state issue an involuntary administrative dissolution because the LLC did not fulfill legal obligations like paying taxes.

When you complete a voluntary dissolution, your personal assets can be protected from creditors of the LLC. You might not have any such protection with an involuntary dissolution.

The operating agreement of the LLC will probably provide guidance on how to dissolve the company. You will want to make sure that you not only follow all procedural dissolution requirements contained in the operating agreement, but that you also create proof that you did so, like calling a formal meeting, providing proper notice of the meeting and the purpose for the meeting, and recording the decision of the LLC members at that meeting. 

Winding up the business of the LLC involves paying valid debts, creditors including LLC members, and all outstanding taxes. After completing these payments, the LLC can then distribute its assets. South Carolina has an LLC Act that requires the payment of debts, creditors, and taxes before the distribution of assets.

Notice of the Dissolution

Because winding up the business requires you to pay debts and creditors, it would be smart to give notice to those individuals and organizations that the LLC is dissolving. Although South Carolina does not require the step, doing so can reduce your liability. Also, you can have greater peace of mind when distributing assets if you know that there are unlikely to be claims on those assets in the future. A best practice is to send written notice directly to known claimants and to publish notice of the dissolution in the appropriate legal newspaper.

Filings with the Secretary of State

South Carolina does not require people to file articles of termination of LLCs, but doing so can provide you protection in a number of scenarios. For example, if someone decides to “hijack” your company identity and do business in your LLC’s name, having articles of termination filed with the Secretary of State can shield you from liability. 

A South Carolina business attorney can help you comply with state requirements and take the additional steps that can protect you as a member of a dissolving LLC. For legal help with your case get in touch with our office today, we offer a free consultation.