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Christopher Gilreath

Christopher Gilreath’s Answers

280 total


  • In an auto accident, how does an out of court settelment get resolved? and what is the most common method of resolution

    in April 2015, on a Rainey day a big rig backed into the car we were in, it was raining, the street was wet and busy, the driver of the big rig admitted to passing his turn, and said stopped to back up to make the turn, that he did not see us be...

    Christopher’s Answer

    First, you should strongly consider meeting with a reputable attorney who handles tractor trailer litigation. There is no absolute standard for timing to handle a case. Circumstances matter, and they often impact the duration of time the case takes to resolve. You may want an out of court settlement, but trucking companies and their insurance companies are sophisticated in the way they handle claims. They may settle, but they will use any information they see as beneficial to their advantage, which will most likely be contrary to yours. The level of injuries, medical treatment, and the time it takes to actually document all your losses can add to the time it takes to resolve a case. If your situation only involves damage to your car, then that situation usually takes less time to handle, since the damages are all about the value of repairing or replacing the vehicle.

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  • What can I do

    My grandson accidentally hit a car with his bycicle and crack the the tail light. The owner wants to sue for damage of $212.50. But wants $300. Cam I go to a part store & buy the part and offer to pay labor?

    Christopher’s Answer

    Under Tennessee law, the measure of damages in the case of property loss is the LESSER of 1) cost to repair, and 2) replacement value. Tennessee does not designate that the repair or replacement must come from a particular place; only that the repaired/replaced property is of the same like/kind as before. Dealing with practical choices of where the repair/replacement comes from is left to the parties to reach an agreement.

    If you were someone who had your car damaged, I suspect you would want the repair/replacement to come from a source you trusted or believed in. Take that approach, to demonstrate your willingness to get past the situation. Of course, not everyone takes a reasonable approach, so be aware that the other person may take a different position from you on the matter. In practical terms, filing a lawsuit of any kind will cost more than the actual repair, so hopefully that will not happen to you. It is also the law in Tennessee that property disputes carry a three year statute of limitations. After that time, the person claiming harm must file suit to preserve his/her rights. Good luck.

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  • What kind of lawyer does work related cases?

    I worked for a golfcourse in a Gates community dislocated my hip few to Extreme positions i was working in

    Christopher’s Answer

    Workers compensation in most cases. If you are hurt in the course of your work duties, and you are working within the scope of your work, getting hurt on the job means workers compensation law applies. There are exceptions. You generally have 1 year from the date of injury to settle your claim, so you will most times be best served to have a good personal injury lawyer on your side. Circumstances matter, so discuss them with the attorney you choose.

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  • Can I add medical damages to case already filed?

    What is the legal term for adding medical damages to a case already filed? The issue is, I asked only for property damages due to mold exposure.. I won a small claim, which was appealed and due back in court 6 July, 15, which I still need a lawy...

    Christopher’s Answer

    • Selected as best answer

    In Tennessee, rules of civil procedure allow you to amend your complaint to add additional allegations of fact, or add claims. However, when adding a new claim, it must meet the applicable statute of limitations. In Tennessee, personal injury claims carry a one year statute of limitations after discovery. Property claims must be filed within three years of occurrence. The term you are looking for is Motion to Amend Complaint.

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  • Can I charge sonics with recless endangerment to a child ?or sue them for mental distress .

    My son had a screw in his sandwich from sonics.

    Christopher’s Answer

    Under Tennessee law, reckless endangerment is a criminal charge, that can only be brought by a state prosecutor. Any case you have against Sonic is a civil case for compensation for harm to your child. The legal test concerning contamination of food resulting in injury is whether the object found was a natural adjunct to the food, or whether it was something foreign. In the details you present, it would appear the object in question was foreign to the food, raising possible liability. The most likely legal theory would be some form of negligence - which can include negligent infliction of emotional distress, as well as any other mistake made. In Tennessee, you have up to one year to resolve the case without filing suit, but in the case where a minor is injured, you have up to one year from the date the child turns 18 to file suit or otherwise resolve your claim.

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  • Is this the best offer from an insurance co involving my minor child who was struck by their insured who plead guilty to dui?

    12/31/15 my son who was 17 tried to stop and swerve out of the way of a woman who pulled out in front of him. The impact totaled both vehicles. The airbag deployed and paramedics gave me a choice in transporting him to the er or having them transp...

    Christopher’s Answer

    • Selected as best answer

    There are many reasons talking with a local personal injury lawyer will help you. First, it allows you to make your best case to the insurance carrier you are dealing with. Lawyers know the kinds of information adjusters need to properly evaluate a claim. Second, timing matters, since you won't know the full extent of what the case is worth until medical treatment has been completed. Third, depending on the insurance company involved, the tactics they use can vary. They are most likely trying techniques to see if you jump at a low initial figure just to be done with the case. What you say to an adjuster makes a lot of difference. Based on the circumstances you have presented, speaking with an attorney will help you manage the situation. There is also some overlap between criminal charges and civil cases for compensation. Many personal injury attorneys offer a free initial consultation, and only charge a fee if they successfully obtain a recovery for you.

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  • Does a wrongful death law suit have be split even with surviving spouse adult children?? tennessee

    also is the layer allowed to discuses your case with your parents even though you are 55 yrs old...and you are the only name on the case???

    Christopher’s Answer

    Under Tennessee law, a wrongful death case is brought by the "next of kin." That person is either the closest in relationship, or the person who becomes administrator over a probate estate. In either case, the law sets out certain assumptions - one of which is that the surviving spouse shares the case with any surviving children, regardless of the merit of those relationships. The children need not be minors for that to be the case.

    If you are represented by a lawyer in a wrongful death case, you are the client. Your relationship is centered on the case. If there are matters you do not want your attorney to discuss with others, even in your family, then you should direct the lawyer to keep the information between you. Lawyers are guided by ethical rules that require that lawyers keep client confidences. However, there are times when a lawyer will communicate with others in the family or with other adults if it is safe to do so, and is done in pursuit of the case. If the dispute deals with family disagreements, it is best to have a conversation with your attorney, and to set some guidelines for what will be discussed and what will not, and to give your attorney a chance to explain the purpose for any communications.

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  • How do you start a class action law suit?

    I have recently been made aware of the damages that the Depo-Provera shot can cause. I literally have almost ever single adverse reaction that women have had. I am 32 and have lost all of my teeth, broken both ankles at once, broke my right foot...

    Christopher’s Answer

    Cases involving medication injuries are complicated and difficult. There are generally two avenues to explore: 1) did the prescribing doctor give you the right medication? 2) did the medication itself cause the injury condition? In both cases, Tennessee law requires that any lawsuit be filed within one year of your discovery of problems connected to the treatment/medication.

    If your case concerns only the effects the medication had on you, this is known as a products liability case. Cases concerning effects of medication are complex, difficult, and expensive to investigate and pursue. You likely need to obtain any/all medical records concerning your treatment that led to administration of this medication, as well as any records documenting the treatment you have gone through since having such problems. Consider strongly meeting with a personal injury attorney soon to discuss your case.

    Medications are regulated by the Food and Drug Administration. Each drug comes with an insert describing the warnings and side effects. The case will require looking into whether your side effects were known at the time, or unknown. If known and warned to your doctor, it may be more of a case of whether the doctor should have used the medicine or not - making it more of a medical malpractice case. If your symptoms are not within the warning from the manufacturer, that is more of a defective product case.

    Also, if there is already a set of cases ongoing for this medication, you may have options to join that case by having a claim of your own filed, if you meet certain criteria matching the case.

    In any event, meeting with a good personal injury attorney will allow you to explore these options and discuss the particular circumstances of your case.

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  • Does my husband have a right to file a wrongful death lawsuit over his mother if she was remarried and husband has filed a suit?

    She had two clogged arteies in her heart and had been on pain meds for many years due to surgeries and osteoporosis. The clogged arteries were 70% & 90% clogged. It was the fentynal pain patch that caused the od. Why was her doctor not monitoring ...

    Christopher’s Answer

    Tennessee law gives anyone considered "next of kin" to have standing to file a lawsuit for wrongful death. Generally, the law is set up so a surviving spouse has the best standing to file suit, but in cases where the spouse cannot or will not, surviving children can file suit. Once a suit has been filed, any additional case could be consolidated. However, the law intends there to be only one suit, since whoever files it is considered "trustee" of the case. This means that the recovery is mandated to be split between a surviving spouse and any surviving children, with the spouse receiving a share equal to the children. It does not matter under Tennessee law whether the family members got along with each other. Being of the correct direct family relationship is all that is required. Half siblings and adopted children have the same status as natural-born children of the person who died.

    In addition, under Tennessee law, this case will fall within the meaning of Tennessee medical malpractice law. This will require anyone filing suit to do so within 1 year of the date of death, and to also have satisfied some specific pre-suit notification requirements. This is a highly technical area of the law. Consider whether you should meet with a medical malpractice attorney in your area to discuss the circumstances of your case.

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  • My husband was killed while at work at no fault of his own, what should I do now because the woman that killed him also died?

    My husband has a clean driving record and over 20 yrs experience driving a truck. He is always safe, does not speed and never ever been wreckless. While hauling cotton seed, a driver in the other lane crossed the white line, he did everything in h...

    Christopher’s Answer

    collision and fatalities involving tractor trailer cases present complicated circumstances. There is almost always evidence from the scene to collect, including any reconstruction report created by police departments or state troopers responding to the crash. In this terrible situation, the answer to your question concerns who can provide some means of compensation to help you pick up the pieces.

    First, you will certainly benefit by having a reputable law firm work with you to investigate the situation and collect information. That by itself will help you deal with all the chaos. A good firm will also help you make sense of any bills that come in or other communication you receive concerning the collision.

    Second, Tennessee law provides that the primary source or compensation in this kind of situation is any insurance covering the driver who was at fault for the crash. If the other driver was in a passenger car, you are likely talking about that person's personal automobile insurance, which likely will not be enough to fully compensate you for your loss. After that policy has been exhausted, Tennessee law allows for other policies in effect covering either driver to provide coverage, if there is any. You will ultimately want/need to know what insurance policies apply to this situation. This is also something a good firm can help you determine.

    At the same time, the fact that your husband was operating a truck for work at the time means that Tennessee workers' compensation law can apply to this case. This by itself creates complications sometimes. Again, having a good firm on your side can assist you with sorting through these details. Workers compensation provides benefits in death cases, with the amount depending on family circumstances at the time of the crash. However, the workers' compensation insurance company can also then turn around and make a claim against any personal injury case for repayment. A good firm will know how to manage and handle these circumstances.

    With the right team on your side, you can find a way through the chaos. Consider whether the firm you are meeting with can provide you the attention and detailed help you need, and don't get swayed by a quick phone call from a TV ad. I hope you can eventually find peace with these difficult circumstances. Having a good law firm on your side can help with that process. Feel free to contact us if you need additional help or have questions concerning your case.

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