Can I recover attorney fees in a South Carolina business litigation case?
Possibly. South Carolina generally requires each party to pay its own attorney fees, unless a law or contract states otherwise. However, certain claims, including qualifying SCUTPA claims, may allow for the recovery of attorney fees.
Does every business dispute have to go to court?
No, businesses may resolve disputes through negotiation, mediation, or arbitration. Some contracts require arbitration, and court rules may require mediation before trial. The best option depends on the dispute and any applicable agreements.
What remedies are available in a South Carolina business dispute?
Depending on the claim, remedies may include financial compensation, court orders requiring specific actions or prohibiting certain conduct, punitive damages, or attorney fees. Some claims, including certain violations of South Carolina’s Unfair Trade Practices Act (SCUTPA), may allow for additional damages or fees.
What is the difference between civil litigation and criminal prosecution?
Civil litigation resolves disputes between parties and often involves compensation or court orders. Criminal prosecutions are brought by the government to punish violations of criminal law. The same conduct may lead to both civil and criminal cases.
How long do I have to file a civil lawsuit in South Carolina?
The deadline depends on the type of claim. Many contract, business tort, and personal injury claims have a three-year filing deadline, but there are exceptions. Claims against government entities may have additional requirements, so it is important to consult an attorney promptly.