Whelchel & Carlton, LLP Whelchel & Carlton, LLP 2026-07-25T16:50:41Z https://www.wcgalaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1102942/2022/11/cropped-fav-32x32.png On Behalf of Whelchel & Carlton, LLP <![CDATA[Are nursing home falls always preventable?]]> https://www.wcgalaw.com/?p=256548 2026-07-25T16:50:41Z 2026-07-25T16:50:41Z Proper support limits fall risk Technically, nursing homes cannot fully control the behavior of residents, which means there is no way to eliminate fall risks. However, adequate staffing, timely support when requested and appropriate evaluations of individual residents can limit the likelihood of an adult slipping, tripping or falling. They may need help attending to daily hygiene matters or dressing themselves. They may require assistive technology, such as canes, walkers or even wheelchairs to limit their risk of falls as they go about their day. Nursing homes should evaluate residents and provide them with enough support to minimize their risk of a fall. When negligent care, such as a failure to attend to a resident who needed to use the bathroom, results in a fall, the facility may be at least partially to blame for the incident. Reviewing fall circumstances with an attorney can help families protect their loved ones. A personal injury lawsuit to cover medical costs and other expenses can be an effective and appropriate reaction to preventable falls in nursing homes.  ]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[What happens if an at-fault party dies before a lawsuit is completed?]]> https://www.wcgalaw.com/?p=256546 2026-07-11T12:39:10Z 2026-07-11T12:39:10Z 1. The claim may shift to the estate If the person responsible has passed away, their estate may become involved in the case at issue. Estate administration is the legal process used to handle a person’s property, debts and claims after death. This does not mean you would be taking action against grieving family members personally. Instead, the claim is handled through the estate’s representative and any available insurance.

2. Insurance may be used

In many wrongful death cases, insurance plays a major role. For example, if the at-fault party caused a deadly crash and had auto insurance, that policy may still apply even after their death. Insurance companies may still investigate, challenge fault or question damages. You need records, reports, witness statements and medical information to show what happened and how the loss affected your family.

3. Deadlines can become more complicated

When the at-fault person dies, timing may become harder to manage. Probate deadlines, claim filing rules and wrongful death limits may all affect your options. Waiting too long can make it harder to protect your claim. It can also create problems if the estate closes or key evidence becomes harder to find. Losing a loved one is painful enough without trying to understand estate issues, insurance questions and court deadlines on your own. When an at-fault party dies before a wrongful deal lawsuit begins or fully resolves, know that a legal representative can help you understand the next steps and protect your family’s right to be heard.]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[Who is liable when escaped livestock causes crop damage?]]> https://www.wcgalaw.com/?p=256544 2026-06-30T00:43:54Z 2026-06-30T00:43:54Z Yes, owners are liable for livestock damages Georgia state statutes clearly require that livestock owners take appropriate steps to contain their animals. They should never allow livestock onto public roads or onto other people's private property without permission in advance. Appropriate steps to secure and monitor livestock are necessary to mitigate the liability that comes from animal husbandry. If neighboring farmers or property owners report financial losses after a livestock elopement incident, the farmer who owns the animals may need to compensate the property owner or farmer affected by the animal’s escape. In some cases, agricultural insurance can cover some of those costs. Other times, farmers may be at risk of litigation. Details about the situation, including how a neighbor maintained a shared fence, could influence the allocation of responsibility. It may be possible to settle the matter without the issue going to trial. Working with an attorney who has experience with agricultural law can help farmers limit their financial risk and legal liability. Animal escapes are one of many scenarios that farmers may need to plan for before they occur.]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[Can businesses find new tenants in order to break their leases?]]> https://www.wcgalaw.com/?p=256542 2026-06-20T00:22:59Z 2026-06-20T00:22:59Z Leases often address assignment Landlords frequently include clauses restricting or outright prohibiting lease assignment. There may be concerns about direct competition with other tenants or worries that the new tenant may not have the credit or history of successful operations necessary to qualify for the lease. Tenants hoping to minimize expenses associated with early lease termination may need to review an existing lease with an attorney. Validating that the lease allows outside assignment before scheduling tours with potential new tenants can help business owners pursue the best solutions possible. An attorney can help business owners determine whether lease assignment is an option for them and what, if any, other solutions could help them mitigate the cost of the outstanding lease payments still owed. Having experienced legal guidance in evaluating the details included in a commercial lease can help plan reasonable strategies for handling any remaining rent payments when ending a lease agreement early.]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[The benefit of written contracts over handshake deals]]> https://www.wcgalaw.com/?p=256540 2026-06-06T12:45:17Z 2026-06-06T12:45:17Z They are easier to enforce To start with, it is easier to enforce a written contract if there is a breach. Without anything in writing, it can turn into a situation where both parties tell a different story, and it is difficult even for the authorities to determine what happened. For instance, perhaps one business owner claims that they only agreed to pay the other party after a job was completed. That other party, however, says that they were supposed to be paid half upfront and the other half upon completion of the project. Both may adamantly claim that these were the terms of the handshake deal, but there is no way to verify what really happened.

They help to prevent disputes

Additionally, written contracts can sometimes help to prevent these types of complications altogether. If there is ever a dispute over terms, even before a contract has technically been breached, both parties can simply review the documentation and determine exactly what their rights and responsibilities may be. If you are interested in drafting enforceable contracts or navigating a dispute after a commercial contract breach, it can help to work with an experienced attorney given all that is at stake and how complex drafting contracts can be.]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[Are bedsores always evidence of nursing home neglect?]]> https://www.wcgalaw.com/?p=256538 2026-05-25T15:25:53Z 2026-05-25T15:25:53Z Some people are more at risk than others Bedsore development depends in part on how active a person is, how much they weigh and other underlying health factors. Nursing homes may not necessarily be able to prevent all bedsore development. Early-stage bedsores can form within a matter of hours in many cases. However, later-stage bedsore development is typically preventable, as the wounds take days to cause deeper tissue damage. Workers can cushion residents, help them rotate their bodies and otherwise alleviate pressure on specific body parts to prevent the development of later-stage bedsores. They can also identify bedsores promptly and keep the affected areas clean to prevent infections. When nursing homes fail to treat early-stage bedsores or identify and address bedsore infections promptly, the medical issues that result could be indicative of neglect. Consulting with a nursing home neglect attorney can help families determine if they have grounds for litigation.]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[How accurate are real estate comps?]]> https://www.wcgalaw.com/?p=256536 2026-05-11T23:11:40Z 2026-05-11T23:11:40Z Real estate comps can be very accurate, but it often just depends on how similar the properties are. After all, comps are a way to get a general sense of the real estate market. When someone is selling a home, looking at the sale prices of nearby homes that have similar features can help set the market value. One way that comps increase accuracy is that they apply to actual sale prices, not listing prices. A person can theoretically list their home for any price that they want. But just because they list it for $500,000 does not mean they will get that much money. If the house actually sells for $200,000, the sale price is much more important to other potential sellers in the area.

When things get complex

Even comps can be rather complex, however, and may differ significantly. It is important to look for a home with similar square footage, a similar number of bedrooms and things of this nature. But even when doing so, location can make a big difference. In an urban setting, for example, there can be a drastic difference in neighborhood amenities for two houses that may be within a mile of each other. They seem relatively close, and they may be in a rural community, but the value of those houses could differ dramatically based on their proximity to good schools, entertainment options, local parks and much more. In other words, just because two homes are statistically similar does not mean they have the same market value. Location plays a major role, so it is important to find nearby comps from the same neighborhood to get accurate home values. Negotiations over price are just one step to take during a real estate transaction. It can help to work with an experienced law firm while considering disclosures, contractual obligations and other fine details of any residential real estate sale.]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[3 types of distracted driving]]> https://www.wcgalaw.com/?p=256534 2026-04-27T18:58:22Z 2026-04-27T18:58:22Z Distracted driving is a dangerous behavior that causes many accidents yearly. A significant percentage of drivers in the U.S. are seen using their phones, looking outside or engaging in some form of distraction at any given moment.  Understanding how to identify erratic behavior can help you respond safely earlier. The behaviors distracted drivers engage in fall into three main categories, which are:

Visual 

Activities that take a driver’s eyes off the road are classified as visual distractions. These include:
  • Looking at a phone
  • Looking at a navigation screen
  • Searching for music on a phone or infotainment screen
  • Grooming
  • Looking down to grab food, unwrap food or dip fries in sauce
  • Looking outside at billboards, accidents, eye-catching cars or passengers
Even taking eyes off the road for just five seconds, especially at high speeds, can be dangerous.

Manual 

Manual distraction is when a driver takes their hands off the wheel. For instance, when:
  • Texting
  • Eating or drinking
  • Smoking
  • Browsing social media
  • Adjusting the radio
  • Reaching for objects 
  • Interacting with kids or pets
  • Brushing hair or applying makeup 
Operating a vehicle with one hand reduces steering control, accuracy and reaction time. If the driver gets in a situation that requires a quick decision, for example, an unexpected obstacle, they may be unable to respond safely. 

Cognitive

Cognitive distractions occur when a driver takes their mind off driving. This can happen when they are engaging in a conversation on the phone or with passengers, preoccupied with work issues/personal problems, daydreaming or listening to music/an audiobook/a podcast, especially an intense one.   A driver whose concentration is elsewhere may fail to notice unexpected objects or hazards in plain sight. A distracted driver can cause you to sustain injuries. If this happened to you, get adequate information to protect your rights.  ]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[3 taxes that may be due during estate administration]]> https://www.wcgalaw.com/?p=256532 2026-04-07T00:26:24Z 2026-04-07T00:26:24Z 1. The decedent’s income taxes After a person dies, it is necessary to file a final income tax return on their behalf. Doing so notifies the IRS of an individual's passing and also helps reconcile any lingering financial obligations. Even if the deceased party hadn’t worked in years or has a surviving spouse, the personal representative of the estate is typically the one who files the deceased person’s last income tax return.

2. The estate’s income taxes

Frequently, personal representatives sell estate assets to distribute the proceeds among beneficiaries or use the revenue generated to cover financial obligations. If the sale of resources produces $600 or more in income, the estate itself may owe income taxes.

3. Estate taxes

Generally speaking, only especially large estates are subject to estate taxes. Georgia does not collect an estate tax or an inheritance tax, but federal estate taxes often apply to large estates probated in Georgia. However, if the property that belongs to the decision is worth millions of dollars, then the estate might owe taxes based on its overall value. Filing tax returns and paying necessary taxes is a key element of estate administration. Personal representatives can reduce the likelihood of making mistakes and oversights by getting experienced legal guidance.]]> On Behalf of Whelchel & Carlton, LLP <![CDATA[What is required for the valid signing of a Georgia will?]]> https://www.wcgalaw.com/?p=256530 2026-03-22T01:45:01Z 2026-03-22T01:45:01Z Wills require witnesses but not notarization In Georgia, there is no requirement to have a notary present for the signing of a will. Georgia state law does require the presence of two competent witnesses. Those witnesses can affirm the identity of the testator if there is ever a question about the validity of the will later. They can also testify about the mental state of the testator if there are concerns about their capacity or the possibility of undue influence. Many people intentionally arrange to have outside parties act as their witnesses, but Georgia does not specifically require disinterested witnesses. Even family members can witness a will signing if necessary. One of the many advantages of having experienced estate planning guidance in putting a will and other estate plan documents in place is that a legal professional can insure that the signing is properly witnessed. Appropriate signatures and the right language can make all the difference in helping ensure that an estate plan is valid.]]>