How much will it cost?

JMMWH attorneys bill for legal work in different ways depending upon the preference of the particular client. We do some work for a flat or fixed fee. We also do work at an hourly rate. For personal injury cases and other types of litigation, we may take the case on a "contingent fee" where the client is responsible only for the expenses and we get paid a fee only if we reach a successful result. In any event, we will reach an agreement with you concerning our fees before we take your case.

Also, because we know that our clients like to know the estimated cost prior to hiring us, we will meet with a prospective client for up to one hour at no charge. At the conclusion of that meeting, we can generally give you an estimate on what it will cost to handle your matter, and you can then make the decision whether or not to hire us.

Do I need to avoid probate?

Many books and seminars have been devoted to "avoiding probate." In some cases, it does make sense to set up a revocable trust designed to help avoid probate upon death. In other cases, probate may be advisable or necessary. Our attorneys can help you make this determination. In addition, if a probate is necessary, JMMWH will handle it on an hourly basis instead of charging a percentage of the estate's assets.

If I am injured in an accident, how long do I have to file a lawsuit?

Generally, the South Dakota "statute of limitations" gives an individual three years from the date of the injury to file a lawsuit. If the injury is caused by medical malpractice, however, you only have two years. There are much shorter notice and filing requirements if the injury was caused by a government employee. In any event, it is very important that you contact an attorney as soon as possible after the injury so your rights can be protected.

What are the legal consequences of operating my business in my individual name?

If you own a business in your individual name, all liabilities you incur in the business may impact your personal assets such as your home. For instance, if a mechanic operating a repair shop in her own name is sued for negligently fixing the brakes on a vehicle which then results in an accident, the mechanic's home and other personal assets are at risk. In most cases, it is safer to set up a separate business entity such as a limited liability company or a corporation to separate your business assets and liabilities from your personal assets.

If I die without a will, does the state get my property?

No. A person who dies without a will dies "intestate." Under South Dakota law, that person's property generally passes to his or her spouse and/or children. If the person had no spouse or children, the assets pass to his or her parents or siblings or even nephews, nieces and cousins. Only in extremely rare circumstances will a person's assets be transferred to the State of South Dakota.