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Questions Answered by Christopher Gilreath

1 Answer | Asked in Personal Injury for Tennessee on

Q: Can i go to jail for a civil warrant?

Christopher Gilreath answered on Jul 15, 2011

No. A civil warrant is a court document issued by General Sessions Court in Tennessee. it is the court designated for handling claims up to $25,000 without a jury. The use of the term "warrant" is similar to the term warrant used in criminal cases. However, the effect is very different. In... Read more »

1 Answer | Asked in Consumer Law for Tennessee on

Q: My oven's 5 yrs old; Whirlpool says they can't provide replacemnt pt. Doesn't the law require availability for 7 yrs?

Christopher Gilreath answered on Jul 15, 2011

In Tennessee, there is no law that requires a manufacturer to provide replacement parts for a product for any length of time. That is considered a matter for the marketplace - meaning if a manufactuer sells a product and then cannot provide parts for it, the market will likely determine that the... Read more »

1 Answer | Asked in Wrongful Death for Tennessee on

Q: Does the Claims Commissioner of the State of Tennessee have the right to ask a claimant "Who is preparing legal document

Our family filed a claim against the state of tennessee for wrongful death. Our brother was allowed to die in prison, as a result of in-adequate medical attention. The claims commissioner along with the state attorney General has said that I cannot assist my mother who is feeble, with legal... Read more »

Christopher Gilreath answered on Jul 7, 2011

The first thing to keep in mind is that the attorney general does not represent you, and are not in a position to give you legal advice. If your mother requests your help, you are certainly within your rights to assist her with understanding and completing legal documents. In Tennessee, a person... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on

Q: I am stuck with workmans comp. due to being hit head-on. They have systematically cut almost all of my Meds off after

They hired a cost cutting company. We settled if you wish to call it that, and they are responsible for medical. What recourse do I have

Christopher Gilreath answered on Jul 6, 2011

If the question is how to enforce future medical treatment after a settlement, the answer is first to make the request of the insurance company or employer in your case before seeking treatment. If they will not agree to approve the treatment, the next step is to file a request for assistance with... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on

Q: Whats is success rate of request for assistance in TN worker's comp?

Christopher Gilreath answered on Jul 6, 2011

The real answer to this question depends on the nature of the case. it is not the most efficient way of handling matters, but under present law, it is the system we have to work with. My experience is that Department of Labor specialists generally work hard to try and help when they can.... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on

Q: How long do I have to file a comploint? It has been very close to one year since I had surgery at LifeStyle Lift.

Christopher Gilreath answered on Jul 6, 2011

In Tennessee, a lawsuit must be filed within one year of the date you knew or should have known that a medical professional committed harm that resulted in you being injured. In medical malpractice cases, the one year date can often be a date later than the surgery. Instead, look to when you... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on

Q: If a physician instucts a patient to transition from one currently prescribed medication

And take a medication that is completely contraindacated per the Prescribers Guide, and refuses to prescribe any different medication that is for a legitimate medical NEED, is he/she responsible for damages that result unquestionably from the instructing and prescribing of given specific... Read more »

Christopher Gilreath answered on Jul 6, 2011

Under Tennessee law, doctors are considered the gatekeepers for making good medical decisions about prescribing appropriate medication. To be malpractice, a doctor must act in a way that falls below the generally accepted minimum standards for practice in that area of medicine in that community.... Read more »

1 Answer | Asked in Car Accidents for Tennessee on

Q: Does the PI atty take out all the med pymts, such as chiropractic trmt and Dr bills AND then what is left take his 1/3?

Christopher Gilreath answered on Jul 5, 2011

In Tennessee, most attorneys who work on a contingency fee agreement calculate their fee based on the total recovery from the case, not the net after expenses or bills are taken out. The specific way in which an attorney in your case will operate is based on your agreement with that attorney. You... Read more »

1 Answer | Asked in Car Accidents for Tennessee on

Q: Can i add court costs into a civil lawsuit

Christopher Gilreath answered on Jul 5, 2011

The short answer is yes. Tennessee law provides that certain costs are paid by the responsible party in some cases. Generally, it is the custom of attorneys in Tennessee that the party deemed responsible for causing the harm will normally pay the court costs. The law also allows you to include... Read more »

1 Answer | Asked in Car Accidents for Tennessee on

Q: Can I get out of not having insurance at the time of an accident?

Christopher Gilreath answered on Jul 5, 2011

Generally, insurance companies determine the status of being insured as of the time a claim happens. If you are involved in an event, like a collision, a homeowners disaster, or some other event, whether or not insurance will cover that depends on whether you had coverage before the event... Read more »

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