Court Records Blog

Oconee County in South Carolina is less than a year away from online access to court records.

Since the year 2000, the South Carolina Judicial Department has been on a mission to create a modern way of dealing with court matters and accessing court documents. There are currently 18 counties that are part of South Carolina’s online Case Management System.  The counties which currently have online access to court documents include Anderson, Beaufort, Charleston, Cherokee, Clarendon, Dorchester, Edgefield, Florence, Georgetown, Greenville, Horry, Jasper, Lexington, Pickens, Richland, Spartanburg, Sumter and York counties. Now, Oconee will soon be added to that list, thanks to a grant provided by the state.

Oconee County is expected to be fully linked to the Case Management System by April 2009.

Visit Courtreference.com for a list of these, and other online court resources.

Probate is a legal process involving the property of someone who has died. The probate process determines who will inherit the decedents property and it occurs whether a person dies with a will (testate) or without a will (intestate). Probate is necessary even with the existence of a will because a court needs to confirm that the will is legally valid before any property is transferred. Generally, one person is appointed to manage the probate process. If the person was named in the decedent’s will, they are called an executor or executrix. If there was no will, than the individual who manages the process is called the administrator or administratix. Managing the probate process can be an enormous responsibility, and as such, the executor/executrix is usually entitled to a payment of all expenses and 2% of the estate’s value.

Whether a large or small estate is involved does not effect the necessity of having a probate proceeding. However, if a decedent has no property, probate usually is not necessary, as the entire purpose is mainly to transfer title of property to the heirs or beneficiaries. Another purpose of probate is that it allows for the collection of taxes on any property transfers and for the payment of outstanding debts. Although having to sit through a court process can be a difficult task after a loved one has died, going through the probate process can actually be a great way to ensure that the heirs will not be hounded by any creditors in the future. During probate, a deadline can be set for debt repayment. Thus, after the deadline has expired, creditors can no longer go after the heirs for unpaid debts of the property.

It is important to note that the probate process may not be necessary in every situation. Depending on the laws of the state, if a married person dies without a will, probate is unnecessary, as the property will automatically become the spouse’s property. Likewise, property that is owned jointly will automatically pass to the co-owner without the need of probate. Life insurance policies, IRAs, 401Ks, and trusts with named beneficiaries also transfer property and assets automatically without requiring the probate process.

Probate cases can generally be found in a lower court in the county where the decedent lived. Depending on the state, this court could be called a Superior Court, District Court, or County Court. However, these courts may also have a separate division to handle probate matters. The division could be referred to as a Probate Court, Family Court, or Surrogate Court. For a complete list of where to find probate court cases in every state, visit Courtreference.com.

Have you been in a car accident? Or maybe you slipped and fell in a department store. I’m sure we have all seen those ads where a personal injury lawyer promises to fight for your rights and get you money for your injury. However, perhaps the first step is to understand exactly what personal injury law is.

Personal injury law, which is generally considered part of an area of law formally known as tort law, involves an injured party obtaining compensation from the party that injured them. Tort law is very broad, and involves business and persons. Personal injury law is one small portion of tort law which deals only with injuries sustained to people.

Although an injury is involved, personal injury cases are civil cases, not criminal cases. Personal injury cases are distinguishable from criminal cases in that crimes are prosecuted by the city or state and involve punishment to the person who committed the crime. However, personal injury cases, as civil cases, involve money payments or other equitable compensation to the injured person, paid by the person who injured them. Personal injury cases typically include car, truck, or motorcycle accidents, slip and falls, medical malpractice, injury from a defective product (products liability), injury from defective medicine, or wrongful deaths.

Personal injury cases can also range from small to massive. Some cases may involve a minor car accident with less than $500 in damages. Yet, there are other cases, such as cases against tobacco or drug companies, which could involve hundreds of people and millions of dollars.

The courts where personal injury cases are heard are usually the trial courts of general jurisdiction. Depending on the state, the court could be called District Court, Circuit Court, or Superior Court. Some general jurisdiction courts also have a Small Claims Court division which handles cases with limited money disputes where the parties are not represented by attorneys. There is usually a set financial limit, such $3,000. As such, if a personal injury case has claims less than the financial limit, then the case could be heard in the Small Claims Court. Also, some general jurisidiction courts may also have financial limtis, and will only hear cases with claims up to $50,000. Thus, if the personal injury case claims exceed that limit, then it may appear in a different court.

There are thousands of personal injury lawyers in the United States who can help with a personal injury claim. However, if you are or may become involved in a personal injury case, you may find it beneficial to review information about your particular personal injury matter before seeing an attorney. Or if you have a case that could be heard in a Small Claims Court, seeking the help of an attorney may not even be necessary. Also, because the rules associated with personal injury law are largely created by prior case decisions, also known as precedent, reviewing personal injury cases could be a helpful way to understand your rights. Courtreference.com has links to legal research resources, attorney directories, and court websites. Courtreference.com also provides an overview of the various cases heard and financial limits of trial courts throughout the United States. Just a few clicks could help you locate all the information you need for your personal injury case.�