Adrian Santiago, Author at Willcox, Buyck & Williams, PA

Most Common Causes of Pedestrian Accidents

Posted on March 17, 2025

A simple stroll or jog can turn tragic in the blink of an eye. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are hurt or killed each year in crashes. Injuries, including head trauma or broken bones, can lead to life-changing setbacks. The good news is that many of these incidents can be avoided by taking appropriate precautions.

Common Causes of Pedestrian Accidents

Most pedestrian accidents happen when drivers fail to pay attention or follow traffic laws. Recognizing these risks can help prevent future tragedies.

Distracted Driving

Drivers distracted by their phones, food, or the radio can easily miss a crossing pedestrian. Just a few seconds of inattention can lead to serious harm

Speeding and Reckless Driving

Speeding gives drivers less time to react if someone steps onto the road. It also increases the impact, making injuries more severe. Reckless actions like running red lights put pedestrians at even greater risk.

Failure to Yield at Crosswalks

Crosswalks help pedestrians cross safely, but many drivers ignore them. Turning without looking, especially at busy intersections, could take a life.

Driving Under the Influence

Alcohol and drugs impair judgment, slow reactions, and increase the risk of serious pedestrian accidents. In one recent year, over 40 percent of all fatal pedestrian crashes involved alcohol use by either the driver or pedestrian.

Poor Visibility and Low Lighting

Low light and bad weather make pedestrians harder to see, especially in dark clothing. Poor street lighting further makes the odds of an accident significantly higher.

Jaywalking and Unmarked Crosswalks

Crossing the street outside designated areas puts pedestrians in danger. Some roads simply don’t offer clear crosswalks, forcing people to guess the safest point to cross.

Left-Hand Turns and Blind Spots

While turning left, drivers often watch for oncoming cars and forget to check for people in the crosswalk. Large trucks and SUVs add another layer of risk thanks to bigger blind spots that can hide pedestrians from view.

Parking Lot and Driveway Accidents

Parking lots seem slow-paced, but distracted or hurried drivers can still strike someone walking through. Driveways pose a similar threat, especially when drivers back out without checking both ways.

Preventive Measures for Pedestrians and Drivers

Both drivers and pedestrians can take simple steps to reduce the risk of accidents and keep roads safer.

Drivers should:

Keep your eyes on the road and avoid distractions
Pay attention to speed limits and watch carefully for people on foot
Yield at crosswalks and always check blind spots, especially when turning
Never drive under the influence of alcohol or drugs

Pedestrians should:

Use crosswalks and follow traffic signals whenever possible
Wear bright or reflective clothing at night or in bad weather
Stay alert and avoid looking at your phone while crossing

Making a conscious effort to practice these steps protects both drivers and pedestrians.

Why Legal Help Matters After a Pedestrian Accident

Pedestrian accidents are rarely just bumps and bruises. The sheer size of the vehicle can cause injuries that make living everyday life difficult. Medical bills can quickly pile up, and insurance companies will always try to downplay your claim. They’ll often pressure you into accepting an amount far less than you deserve.

At Willcox, Buyck & Williams, P.A., our pedestrian accident attorneys have over 125 years of experience fighting this fight. We gather the right evidence, prove fault, and push back against greedy insurance companies. It’s not just your fight – it’s ours.

Get the Help You Deserve After a Pedestrian Accident

Safe roads depend on both drivers and pedestrians staying alert and following the rules. When someone’s negligence causes harm, the consequences can be unimaginable. If you or a loved one has been injured in a pedestrian accident, Willcox, Buyck & Williams, P.A., is here for you. Contact us to discuss your case and hold the responsible party accountable.

Springtime Safety: Preventing Slip & Fall Injuries

Posted on March 14, 2025

Spring may be in the air, but that doesn’t mean it’s all blue skies and sunshine. Chilly mornings and spring showers can still make for dangerous and slippery conditions, creating the perfect storm for slip-and-fall accidents.

Slip-and-fall accidents can cause significant injuries. Taking proactive steps this spring can help protect you from common springtime slip-and-fall injuries.

Springtime Slip-and-Fall Prevention Tips

Because it’s spring and more people want to shake off the winter blues and get out of the house or office, it is the right time to evaluate your home or workplace to identify slip-and-fall hazards that can threaten your safety and the safety of others.

Watch the weather – Spring showers bring May flowers but can also cause slippery and dangerous conditions. Cold morning air can transform these wet conditions into icy and slick walkways. Unpredictable spring weather means you should not put away your winter gear. Keep salt and ice-melting chemicals available until the last last-season freeze. You should also keep boots in your home or car if a sudden rainstorm hits and you need extra traction while walking.
Declutter and reorganize – Spring is the perfect time to reevaluate your home or office and clear away the junk and clutter that may have accumulated over the winter and holiday seasons. Keep floors and walkways free from debris, cords, and clutter, which can be significant tripping hazards. Replace old, worn, or torn carpets and rugs with fresh décor and put down a layer of slip-resistant rug mat to prevent carpets and rugs from moving.
Take stock of your environment – The cold and icy winter months can damage your outdoor walkways and sidewalks. When water freezes, it expands, causing cracks and damage to rock and concrete pathways. These cracks and uneven walkways can be dangerous tripping hazards. In spring, evaluate your outdoor areas and look for cracks, breaks, and uneven surfaces that could be hazardous. Repair these damages as soon as possible to help prevent slip-and-fall accidents.
Evaluate your wardrobe – Proper footwear can help prevent slip-and-fall accidents. As the weather warms up, you may be tempted to wear flimsy and breathable footwear. While convenient, these shoe styles can be dangerous. Look for comfortable shoes with good traction and feature slip-resistant soles. Your feet and the rest of your body will thank you later.
Brighten up – Winter’s cold, dark days may be past, but spring sunshine isn’t at its peak. A long, dark winter can mean lightbulbs have burned out. Spring can also deceive people into thinking they can shut off their lights later or wait to turn them on because the sun is out longer. Ensure you have adequate lighting, especially at dawn and dusk, when visibility is reduced.
Consider your water usage and irrigation systems – For a beautiful spring and summer bounty, it is time to reset your irrigation and springer system. It is wise to test your system before setting up a watering routine to ensure there aren’t broken sprinkler heads or pipes that can cause water to puddle or pool, creating a slipping hazard. You’ll also want to test your system to see if sprinkler heads are facing the proper direction. You want to water your grass and garden, not the sidewalk. This action wastes water and causes dangerous and slippery conditions for passersby.

It is an excellent idea to be aware of your surroundings and avoid distractions. Due to the careless behavior of others, you can take all the safety precautions in the world and still be the victim of an accident.

A South Carolina Slip-and-Fall Accident Attorney is Ready to Listen

South Carolina residents have trusted Willcox, Buyck & Williams, P.A., to help them for over 125 years. Our experienced personal injury attorneys are ready to advocate for you, helping you to recover compensation for your injuries after a slip-and-fall accident. Contact our office now for a no-obligation consultation.

5 Common Defenses for Conspiracy Charges

Posted on February 28, 2025

A criminal conspiracy is the act of working in concert with one or more other people to engage in a specific criminal activity. A person may face a criminal conspiracy charge even if they did not commit another crime. While the consequences of conviction can be severe, there are several potential defenses to these serious allegations.

#1: Lack of Agreement

A defendant may assert that they did not have an agreement with one or more other people to commit a crime. The prosecution must prove beyond a reasonable doubt that a defendant affirmatively agreed to commit a crime with one or more specific other persons. Merely associating with someone engaged in criminal activity or discussions about committing a crime cannot form a criminal conspiracy. Furthermore, an agreement to engage in a criminal conspiracy must include an agreement on the objective crime. Although all parties to a criminal conspiracy do not need to have the same crime in mind, they must agree on the same fundamental objective.

For example, two people may not have a criminal conspiracy if one person intends to commit a robbery and the other intends to set a building on fire to collect insurance money. However, parties may have a criminal conspiracy if they agree to deal drugs, even if each person plans to deal with a different type of drug.

#2: No Overt Act

A criminal conspiracy only exists when one member takes an overt act towards committing the agreed-upon crime. An overt act can include any step that furthers the completion of a crime. For example, if a conspiracy agrees to break into and rob a house, an overt act may include acquiring tools to break into the property. The overt act requirement ensures that defendants will not face conviction for criminal conspiracy merely for idly discussing committing some hypothetical crime.

#3: Withdrawal from the Conspiracy

A defendant may escape liability for criminal conspiracy if they can demonstrate that they withdrew from the conspiracy before committing the objective crime. However, withdrawal usually requires more than simply providing no further assistance to the conspiracy. Instead, a co-conspirator who wishes to withdraw from the conspiracy usually must notify their co-conspirators that they no longer wish to partake in the conspiracy. Depending on the circumstances, a withdrawing co-conspirator may have to take other affirmative steps to withdraw, such as notifying law enforcement of the proposed crime or withdrawing any material support or financing the co-conspirator has provided to the conspiracy.

#4: Lack of Intent

Defendants may challenge criminal conspiracy charges by arguing that they did not have the mental intent to commit a crime required by the criminal statute. Alternatively, a defendant may argue that they had no knowledge of the criminal nature of the alleged conspiracy. For example, a defendant may claim a lack of intent by asserting that they became an unwilling accomplice to the conspiracy; in other words, the conspiracy members used the defendant to accomplish the crime without disclosing the defendant’s role in completing the crime.

#5: Entrapment

Finally, a defendant facing a criminal conspiracy charge may assert an entrapment defense, which claims that a law enforcement officer or agent of the government acting within the scope of their official duties induced the defendant to commit a crime they otherwise would not have committed. Entrapment defenses may occur in criminal conspiracy cases involving an undercover police officer or confidential informant. Defendants may assert that the undercover officer or CI strongly encouraged or coerced them into committing a crime when they had no intent to do so. However, because evidence of the defendant’s predisposition to commit a crime can defeat an entrapment defense, the defense rarely succeeds in criminal cases.

Contact Our Myrtle Beach & Florence Criminal Defense Attorney Today

If you’ve been charged with criminal conspiracy, you contact Willcox, Buyck & Williams, PA, today for a confidential consultation with a knowledgeable criminal defense attorney. We are standing ready to discuss your legal options and the potential defense strategies available to you.

What Are Economic Damages?

Posted on February 10, 2025

When someone gets hurt in an accident, and another party’s negligence plays a role, South Carolina law allows them to pursue compensation for the financial losses they have incurred. This compensation is called economic damages, and it covers the money you have already spent and the money you are likely to lose because of the accident.

At Willcox, Buyck & Williams, PA, we help injury victims in Florence and Myrtle Beach, South Carolina, recover the money they deserve. If someone else caused your injuries, you should not be the one left with the bills.

What Do Economic Damages Include?

Economic damages cover the real, measurable costs of an injury. They are meant to make up for the money you lose, both now and in the future. Some examples include:

Medical Expenses

Serious injuries require medical care. Treatment can be immediate and long-term. This type of care can result in towering medical costs that include:

Emergency room visits
Hospital stays
Surgeries
Doctor appointments
Physical therapy
Prescription medications
Medical equipment (like crutches or wheelchairs)

Even if you have health insurance, you may still face high out-of-pocket costs. Additionally, if you need long-term treatment, those future costs should also be included in your claim.

Lost Income

Many injuries force people to take time off work. If you’ve missed days, weeks, or even months of income, economic damages can help replace that lost money.

Lost wages often include more than just time that you missed from work. If your injuries prevent you from returning to your job or limit the type of work you can do, you may be able to recover compensation for the income you’ll lose in the future.

Property Damage

If an accident damages or destroys something valuable, such as your car in a crash, economic damages can cover the cost of repairs or replacement.

Household and Personal Services

Some injuries make everyday tasks difficult or impossible. If you need help with cooking, cleaning, childcare, or transportation because of your injury, you may recover those costs, too.

Other Out-of-Pocket Costs

Accidents often lead to unexpected expenses. You might need to modify your home, pay for a rental car, or cover travel expenses for medical treatment. These costs add up, and they should be included in your claim.

How Are Economic Damages Calculated?

Economic damages are calculated based on actual financial losses, which means they can determine the amount using bills, receipts, pay stubs, and other records. The goal is to get a clear picture of how much money you’ve lost and how much you’re likely to lose in the future.

For future costs, such as ongoing medical care or lost earning potential, experts may be brought in to estimate how much you will need. These calculations consider factors like your age, job skills, and how much your life has changed due to your injuries.

How Do You Prove Economic Damages?

To build a strong case, you will need proof of your losses. That’s why it’s essential to keep copies of:

Medical records and bills
Receipts for prescriptions and medical devices
Pay stubs or tax returns to show lost income
Invoices for the repairs or replacement of damaged property
Estimates for future care or reduced earning capacity

If you do not have all these documents, don’t worry. An attorney can help you gather the right evidence for your claim.

Why Legal Help Matters

Insurance companies may try to downplay your losses or claim that some of your expenses aren’t necessary. They might offer you a quick settlement that doesn’t fully cover what you’ve lost.

For this reason, having legal guidance can make all the difference. At Willcox, Buyck & Williams, PA, we know how to push back against unfair tactics and fight for fair and timely compensation. If you are dealing with injuries following an accident in Florence or Myrtle Beach, call us today for a free consultation, and let’s discuss how we can help you move forward.

6 Most Common Personal Injury Claims in South Carolina

Posted on January 20, 2025

According to data made available by Federal Courts, South Carolina has one of the highest per capita rates of personal injury claims in the country. The personal injury case rate in the state is over 200 percent higher than the national average, and over a third of civil cases in South Carolina were for personal injury. These six types of personal injury cases are the most common.

1. Car Accidents

South Carolina has one of the highest rates of fatal car accidents in the nation, so it makes sense that car accident personal injury claims are common. The high forces and speeds in car accidents can cause grievous injuries and substantial property damage. Generally, car accident claims are based on negligence, in which the injured party must show the defendant caused the accident through their careless behavior.

2. Truck Accidents

Truck accidents are even more destructive than typical car accidents due to trucks’ oversized weight and dimensions. Trucks are much larger than typical cars and require more space to move, so accidents often occur when cars are in the path of a truck turning or changing lanes. Litigation in a truck accident case typically involves commercial entities rather than solely private individuals, so recovering compensation may be more challenging.

3. Slip and Fall Accidents

Slip and fall injuries can fall under the wider umbrella of premises liability, which is the general legal duty property owners have to keep their properties free from hazards that could harm guests. If you slipped and fell on an icy patch in a parking lot, for example, the lot owner could be liable for your injuries as they are responsible for keeping the lot free from hazards. Slip and fall injuries can happen due to wet/icy surfaces, uneven flooring, unnecessarily steep slopes, narrow staircases, walkway obstructions, or a lack of handrails.

4. Dog Bite Injuries

Almost half of American households have at least one dog. Dogs are our trusted companions, but an untrained or aggressive dog can pose a significant hazard to others. Dogs’ powerful jaws create a tremendous amount of bite force that can tear skin and crush bone. Dog bites also tend to leave highly visible scarring and nerve dysfunction without extensive reconstructive surgery. In South Carolina, dog bite injuries are covered under a strict liability standard, meaning that bite victims don’t have to prove negligence on the owner’s part to recover compensation.

5. Medical Malpractice

Doctors and other medical professionals are legally required to provide a certain standard of care. If you sustain an injury or develop an illness due to negligent care from your provider, you may be able to recover money through a medical malpractice suit. Common examples of medical malpractice include botched surgeries, delayed diagnoses, medication errors, birthing injuries, anesthesia injuries, and neglect in in-patient facilities.

6. Workplace Injuries

Accidents that happen in the workplace often involve a different set of steps compared to other mishaps. Many employees are covered by South Carolina’s workers’ compensation system, which pays for their medical costs, offsets a portion of lost income, and provides certain other benefits. Nearly all employers with at least four employees in South Carolina must carry a workers’ compensation plan.

Personal Injury Representation in South Carolina

A serious injury can alter the trajectory of your life and create enormous financial pressure. If you have sustained an injury due to another’s irresponsible behavior, contact Wilcox, Buyck & Williams, P.A., today. We can file a personal injury claim against the liable parties to recover financial compensation to help rebuild your life.

Send us a message online or reach out by phone today to speak to a personal injury attorney in South Carolina.

South Carolina Dram Shop Laws

Posted on January 13, 2025

According to the National Highway Traffic Safety Administration (NHTSA), South Carolina is tied with Rhode Island for having the highest percentage of fatal traffic accidents attributed to drunk driving. But while drunk drivers bear most of the blame for these collisions, they are not the only ones responsible for their bad behavior. Bars, restaurants, liquor stores, and other alcohol vendors that serve intoxicated or underage customers enable many drunk driving crashes. Fortunately, South Carolina’s dram shop laws let victims of drunk driving crashes find justice when alcohol vendors don’t uphold their obligations.

South Carolina’s Dram Shop Laws Summarized

South Carolina does not have a specific law making restaurants, liquor stores, or other alcohol vendors liable for a collision. However, state law says it’s illegal for any business with a permit to sell alcohol to serve anyone who’s under 21 years old or already intoxicated. South Carolina courts have used this law to permit victims of drunk driving crashes to sue vendors who broke the law by serving an underage or intoxicated customer.

One other crucial point to note is the issue of joint and several liability in South Carolina drunk driving cases. Current South Carolina law says an alcohol vendor may have to pay for all of an injured person’s losses in a drunk driving crash even if the vendor doesn’t bear most of the blame. Why does this matter? Simple: Individual car insurance policies may not cover the full extent of someone’s injuries in a drunk driving crash. On the other hand, state law says businesses with alcohol licenses must carry at least $1 million in liability insurance. That means injured drivers or passengers may have better luck recovering compensation from a vendor than the drunk driver’s insurance.

How Do You Prove a Vendor’s Liability for a South Carolina Drunk Driving Crash?

Proving a bar, restaurant, or other business broke South Carolina law by serving an intoxicated or underage customer can be difficult. Some evidence an experienced attorney can use to support your claim includes:

Eyewitness accounts – If anyone at the vendor saw staff serving an underage or intoxicated customer, that can be powerful evidence. Eyewitnesses can describe the customer’s appearance and behavior to show how they were visibly intoxicated. In cases involving underage drunk drivers, the simple presence of the customer at the business can be proof of liability.
Receipts – Receipts from a business can show how much alcohol the customer purchased and, if the business is a bar or restaurant instead of a liquor store, the timeline of their purchases. In particular, purchasing high amounts of alcohol in a short period is a strong indicator of potential intoxication.
Surveillance footage – Video of the customer at the business can provide an objective view of their actions and any evidence of intoxication. For example, the footage may show the customer having trouble walking or maintaining their balance.
Police reports – In some cases, drunk drivers provide information on where they were drinking to the officer who investigates a crash. The driver’s own words can be compelling evidence of intoxication.

Deadline to File a South Carolina Dram Shop Lawsuit

In most cases, you have three years from the date of a drunk driving crash to file a lawsuit against a negligent alcohol vendor. However, certain factors may shorten this deadline. Moreover, it’s critical to call a lawyer right away so they can investigate the incident and preserve essential evidence.

Contact Our South Carolina Dram Shop Lawyers Now

The Myrtle Beach & Florence dram shop lawyers at Willcox, Buyck & Williams, P.A. have extensive experience with these cases and can help you hold a negligent business accountable for their role in causing your injuries. Call now or complete our contact form for a free consultation.

Personal injury attorney speaking with client

Damages in Personal Injury Cases

Posted on December 23, 2024

When you’ve been injured due to someone else’s negligence, understanding the damages you may be entitled to is crucial. In South Carolina, personal injury victims can pursue compensation to address the financial and emotional toll of their injuries. These damages generally fall into two categories: compensatory and punitive. Each type plays a specific role in ensuring victims are fairly compensated and wrongdoers are held accountable.

Compensatory Damages

Compensatory damages are designed to reimburse victims for the losses they’ve suffered because of their injuries. These damages encompass both economic and non-economic losses.

Economic Damages

Economic damages include the tangible costs associated with your injury.

Medical Expenses: Medical expenses often make up a significant portion of this category, covering hospital stays, surgeries, medications, and ongoing treatments like physical therapy.
Lost Wages: If your injury prevents you from working, you may also seek compensation for lost wages.
Loss of Earning: For those whose injuries have a long-term impact on their ability to earn a living, damages for loss of earning capacity can provide financial relief.
Property Damage: Additionally, if your personal property—such as a vehicle—was damaged during the incident, you can recover the costs of repair or replacement.

Non-Economic Damages

Non-economic damages, on the other hand, address the more intangible effects of your injury.

Pain and Suffering: Pain and suffering compensation accounts for the physical discomfort and emotional distress caused by the incident.
Loss of Enjoyment of Life: Injuries can also affect your quality of life, preventing you from enjoying activities or hobbies you once loved, and you may be entitled to damages for loss of enjoyment of life.
Loss of Consortium: Furthermore, your family relationships can suffer as a result of your injuries, with your spouse potentially eligible for damages related to loss of consortium.

Punitive Damages

In addition to compensatory damages, South Carolina law allows for punitive damages in certain cases. These are not intended to compensate the victim directly but to punish the at-fault party for egregious misconduct and deter similar behavior in the future. Punitive damages are awarded only in cases where the defendant’s actions are deemed especially reckless, malicious, or intentional.

How Are Damages Calculated?

The process of calculating damages varies depending on the type of harm suffered. Economic damages are generally easier to quantify because they rely on concrete evidence, such as medical bills, pay stubs, and repair estimates.

Non-economic damages, however, are more subjective and often depend on factors like the severity of the injury, the impact on the victim’s life, and precedents set in similar cases. In South Carolina, there are certain caps on non-economic damages in medical malpractice cases, but other personal injury claims may not be subject to the same limitations.

Punitive damages, when applicable, are typically calculated based on the egregiousness of the defendant’s behavior and are subject to statutory caps under South Carolina law.

Why Legal Representation Matters

Understanding the full scope of damages available to you can be challenging without legal guidance. An experienced South Carolina personal injury attorney can help you build a strong case, gather evidence, and negotiate with insurance companies to secure the compensation you deserve. They can also advise you on whether your case may qualify for punitive damages and help you pursue all available remedies.

Learn More During a Consultation with Our South Carolina Personal Injury Attorneys

If you’ve been injured in an accident, it’s essential to act quickly to protect your rights. A personal injury has the potential to significantly change your life. This is a time to ask for help. Our South Carolina personal injury attorneys are here to provide guidance. Your recovery is our priority. Let us help you secure the justice and financial relief you need to move forward. Contact us today for a consultation.

Mergers and acquisitions transaction occurring

Common Legal Challenges in Mergers & Acquisitions Transactions

Posted on December 5, 2024

Mergers and acquisitions (M&A) are transformative for businesses, providing opportunities for growth, market expansion, and increased efficiency. However, these transactions often come with complex legal challenges that can jeopardize their success if not properly addressed. Businesses planning an M&A transaction must be prepared to navigate hurdles like regulatory compliance, due diligence, and contract negotiations to achieve their goals.

Regulatory Compliance

One of the most significant legal hurdles in M&A transactions is meeting regulatory requirements. Federal and state agencies, such as the Federal Trade Commission (FTC) and the Department of Justice (DOJ), review deals to ensure they do not violate antitrust laws or create unfair market conditions. For businesses in regulated industries—like healthcare, finance, or telecommunications—additional oversight from industry-specific agencies may apply.

Failure to comply with these regulations can lead to delays, penalties, or even the termination of the transaction. Engaging experienced legal counsel to identify potential compliance issues early in the process is crucial to minimizing risks and ensuring the deal progresses smoothly.

Due Diligence

Due diligence is a cornerstone of successful M&A transactions, yet it often presents challenges for both buyers and sellers. Buyers must thoroughly investigate the target company’s financials, contracts, intellectual property, litigation history, and regulatory compliance to uncover potential liabilities or risks. For sellers, preparing for due diligence requires organizing documents and addressing any red flags that could diminish the company’s value.

Failure to conduct comprehensive due diligence can result in unforeseen liabilities, reduced profitability, or post-closing disputes. Businesses should work with legal and financial experts to ensure all aspects of due diligence are handled meticulously.

Negotiating Terms and Drafting Agreements

Negotiating the terms of an M&A transaction is another common legal obstacle. Disagreements can arise over the purchase price, representations and warranties, indemnification provisions, and post-closing obligations. These terms must be clearly outlined in agreements like the purchase agreement, shareholder agreements, and non-compete clauses.

Poorly drafted contracts can lead to disputes, legal liabilities, or breaches of the agreement after the deal is finalized. Skilled attorneys play a vital role in drafting clear, enforceable contracts that protect their client’s interests while fostering a fair and collaborative negotiation process.

Employment and Cultural Integration Challenges

M&A transactions often involve the consolidation of workforces, which can create legal and cultural challenges. Employers must address issues like employment contracts, severance packages, benefits plans, and compliance with labor laws. Missteps in this area can result in employee dissatisfaction, legal claims, or difficulties integrating teams.

To mitigate these risks, businesses should prioritize transparent communication and work with HR and legal advisors to develop a comprehensive integration plan.

Tax Considerations

Tax implications are another critical component of M&A transactions. The structure of the deal—whether it is an asset purchase or stock purchase—can significantly impact tax liabilities for both parties. Understanding federal, state, and international tax laws is essential for optimizing tax outcomes and avoiding penalties.

Tax planning should begin early in the transaction process, with legal and financial professionals collaborating to identify the most advantageous structure.

Learn More During a Consultation with Our South Carolina Business Law Attorneys

Mergers and acquisitions can be transformative, but they are not without challenges. Preparing for a merger, acquisition, or divestiture requires a strategic approach to safeguard your interests and achieve your goals. Partnering with an experienced South Carolina business law attorney ensures you can navigate the complexities of M&A transactions with confidence. Our South Carolina business law attorneys are ready to provide tailored guidance and protect your business’s best interests. Contact us to schedule a consultation and take the next step toward success.

With law offices in Florence and Myrtle Beach, South Carolina, Willcox, Buyck & Williams, P.A. also serves Surfside Beach, Garden City, the Grand Strand, and other communities throughout Florence County, Marion County, Horry County, Darlington County, and Georgetown County.

Commercial Litigation: Resolving Business Disputes in Court

Posted on November 26, 2024

Commercial law covers almost all types of consumer, business, and commerce transactions. Commercial litigation involves disputes involving business and commercial transactions. Parties can use alternative dispute resolution (ADR) to resolve their differences without either party filing a lawsuit. Forms of ADR include negotiation, mediation, arbitration, and collaborative law.

When attempts to resolve commercial disputes out of court fail, either party may file a lawsuit to take the case to trial. Commercial litigation is complex and requires an experienced attorney to navigate the legal process. Our South Carolina commercial litigation attorneys discuss the stages of commercial litigation below to give you an idea of how a case may proceed after a lawsuit is filed.

Initial Consultation and Case Review

The first step is to schedule a consultation with an attorney to discuss the specifics of your situation. The attorney gathers information and facts to assess your legal options. The attorney evaluates your case to determine the potential legal claims, strengths, weaknesses, and potential outcomes. Then, they explain your legal options to help you decide how to proceed.

Alternative Dispute Resolution (ADR)

Generally, your attorney attempts to resolve the dispute through negotiations or other ADR methods. Commercial litigation can be lengthy and expensive. Settling the dispute out of court is often the best alternative. However, there are situations where an attorney will advise you to proceed with a lawsuit.

Filing and Service of Pleadings

Commercial litigation begins with the filing of the complaint. The complaint provides relevant information about the case, including the parties involved, the facts alleged by the plaintiff (i.e., the party filing the lawsuit), an explanation of the dispute, a discussion of the relevant law, and a demand for relief.

The complaint is served on the defendants (i.e., parties being sued). Generally, responses or answers to the complaint must be filed within 30 days. The defendants may include a counterclaim. If so, the plaintiff can respond to the allegations in the counterclaim.

Discovery

The discovery phase is usually the longest and most involved phase of commercial litigation. Discovery is governed by Rule 26 of the South Carolina Rules of Civil Procedure. During discovery, the parties exchange information and documentation. Examples of discovery include:

Subpoenas
Interrogatories
Request to Produce Documents
Depositions
Requests for Admission

The goal is to gather as much evidence as possible to support your claims. Also, the parties want to learn the strengths and weaknesses of the other side’s arguments.

In many cases, parties may enter settlement negotiations after the discovery phase. Because the parties have more information, they may be open to settlement instead of taking the case to trial.

Pre-Trial Motions and Trial Preparation

This phase involves filing various motions with the court to address procedural and legal issues. Common motions include motions to dismiss, exclude evidence, admit expert witnesses, and summary judgment.

Preparing for trial involves preparing trial exhibits, organizing evidence, preparing witnesses, and strengthening trial strategies. The attorney also finalizes their arguments for trial.

Trial and Verdict

The attorneys can make opening statements to the jury explaining the case and what they intend to prove. The plaintiff presents their case first during a commercial litigation case, followed by the defendant. The attorneys finish the trial with a closing argument summarizing their case. The jurors deliberate and render a verdict.

If the verdict is in favor of the defendant, the court dismisses the case. If the jury rules in favor of the plaintiff, the court may award damages and other relief.

Post-Trial Motions, Appeals, and Enforcement

Post-trial motions include motions for a new trial, a judgment notwithstanding the verdict, and a request to alter or amend the judgment. A party may appeal the decision to a higher court through the appellate process. Once a final judgment is entered, the party receiving relief seeks to enforce the judgment by collecting damages, seeking injunctive relief, or obtaining specific performance.

Contact Our South Carolina Commercial Litigation Attorneys to Discuss Your Situation

Our South Carolina commercial litigation attorneys at Willcox, Buyck & Williams, P.A. have extensive e experience in numerous areas of business litigation. We are seasoned trial lawyers and skilled negotiators. Call our office to schedule a consultation with an attorney to discuss options to resolve your business dispute.

Understanding Types of Federal Criminal Charges & Penalties

Posted on November 10, 2024

Many of the same crimes that are prosecuted in state court may be prosecuted in federal court. Federal criminal charges are filed when someone violates federal laws. The United States Attorney’s Office prosecutes federal charges. Federal crimes often result in higher sentences because of the federal sentencing guidelines and mandatory/maximum sentences.

If you are being investigated or arrested for a federal crime, seeking prompt legal advice is in your best interest. In this blog, our South Carolina federal crimes lawyers discuss several types of federal crimes and the penalties you could face for a conviction.

Types of Federal Criminal Charges

Common types of federal crimes include, but are not limited to:

White Collar Crimes include bank fraud, embezzlement, securities fraud, conspiracy, Medicare/Medicaid fraud, tax evasion, and forgery.
Drug Crimes include drug trafficking, manufacturing of drugs, and drug distribution.
Property Crimes include burglary, larceny, auto theft, and arson.
Firearm Crimes include illegal possession of firearms, unlawful transportation of firearms, using explosives to commit a felony, and possession of guns in a federal facility.
Violent Crimes include sexual abuse of a minor, assault, murder, manslaughter, and robbery.
Pornography includes possession, selling, or purchasing child pornography.

You can be charged with the same crime on a state and federal level. Therefore, you could be tried and convicted of the same crime twice.

Penalties for Federal Criminal Convictions

Federal misdemeanor charges are divided into three categories. The potential sentences for federal misdemeanor convictions include:

Class A Federal Misdemeanor – Six months to one year in jail and/or a $100,000 fine
Class B Federal Misdemeanor – 30 days to six months in jail and/or a $5,000 fine
Class C Federal Misdemeanor – Five to 30 days in jail and/or a $5,000 fine

A federal offense with a jail sentence of five days or less is a non-criminal infraction. It is not classified as a federal misdemeanor.

Federal felony charges are divided into five categories. The potential sentences for federal felony convictions include:

Class A Federal Felony – Up to life in prison or death and a maximum fine of $250,000
Class B Federal Felony – Up to 25 years in prison and a maximum fine of $250,000
Class C Federal Felony – Ten to 25 years in prison and a maximum fine of $250,000
Class D Federal Felony – Five to ten years in prison and a maximum fine of $250,000
Class E Federal Felony – One to five years in prison and a maximum fine of $250,000

Judges may impose other penalties depending on the criminal charges. The government uses sentencing guidelines to determine punishments for convictions.

Numerous factors impact the sentence for a federal crime, including the severity of the crime, the person’s criminal history, and special enhancements for specific federal crimes. The existence of mitigating circumstances, your role in the offense, and cooperating with authorities may also impact the final sentence.

Contact Our South Carolina Federal Crimes Attorneys for a Consultation

The penalties for a federal conviction can be severe. The best way to protect your rights is to hire an experienced federal crimes lawyer. At Willcox, Buyck & Williams, P.A., our attorneys have extensive experience handling many types of federal crimes. Call today for a consultation with one of our South Carolina federal crimes attorneys.