If you’ve been injured in an accident caused by another person’s negligence in Tennessee, it’s crucial that you know and act within the time constraints within which the law allows you to pursue a personal injury claim. The statute of limitations dictates the deadline for filing a lawsuit to recover compensation for your damages, and failing to meet this deadline can jeopardize your right to seek justice. Contact a Knoxville, TN personal injury law firm right away to learn more specific to your case.

General Statute of Limitations for Those in Knoxville, TN

In Tennessee, the standard statute of limitations for personal injury cases is one year, as outlined in Tennessee Code Section 28-3-104. This deadline applies to various types of personal injury claims, including those arising from car accidents, slip and falls, dog bites, medical malpractice, and more.

A year passes more quickly than you may think, so it’s important to move promptly following an accident. The sooner you consult with an experienced personal injury attorney, the better prepared your case will be. You really want to give your attorney enough time to gather evidence, interview witnesses, consult with experts, and negotiate with insurance companies on your behalf from a position of strength.

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A severe injury can inflict far more than just physical pain, and often the emotional repercussions of a traumatic accident can be just as debilitating and long-lasting as any physical injury. If another person’s negligence caused your injuries in Tennessee, you might wonder if the law allows you to seek compensation for the emotional distress you’ve suffered. The answer is yes, but there are several important factors to understand, and you’ll always want the help of an experienced Knoxville, TN personal injury attorney to ensure your claim has the best chance of success.

Emotional Distress as Non-Economic Damages

Emotional distress falls under the category of non-economic damages. This type of compensation differs from economic damages, which reimburse you for easily quantifiable losses like medical bills and lost wages. Non-economic damages focus on the intangible but very real consequences of an injury, such as pain and suffering, emotional trauma, loss of companionship, and diminished quality of life.

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A car crash, slip and fall, or any kind of accident that causes you injury is incredibly stressful. In the chaos that follows, it’s natural to be unsure what to do next, yet taking the right next steps is critical to protecting your health and your rights. Whatever accident you have been in, one of the most important first steps is to contact a personal injury lawyer in Knoxville, TN.

Ask a Personal Injury Lawyer in Knoxville, TN

Priority One: Your Safety and Health

Your well-being comes first, so first assess yourself and others for injuries. If anyone needs immediate medical attention, call 911. Even if your injuries seem minor, though, get a medical evaluation as soon as possible. Injuries can have delayed symptoms, and a doctor’s record is crucial if you need to file a claim.

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If you’ve been injured due to someone else’s actions, you may be considering seeking compensation from the negligent party. Receiving compensation in Knoxville, TN could help you cover out-of-pocket expenses, such as medical bills, lost wages, and property damage. Every personal injury claim is different, but there are steps you can take, from getting medical treatment to hiring a personal injury lawyer, to maximize your chances of filing a successful claim.

1. Preserve Evidence

In addition to helping prove what happened, the evidence provides proof of your injuries and their severity as well as any potential consequences. The type of evidence you gather will depend on the kind of accident you were involved in. Examples of evidence to preserve at the scene include:

• Any accident reports
• Photographs of the scene
• Witness statements and contact details
• CCTV footage

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By Gilreath & Associates

Crashes can be both frightening and, depending on the size of the vehicle, catastrophic. In collisions involving tractor-trailers, semi-trucks and big rigs, they more commonly result in severe injuries, damages and even death due to the tremendous size and weight of commercial vehicles in comparison to much smaller passenger vehicles.

Since large trucks can be harder to control and have less visibility and slower braking than your average passenger vehicle, commercial trucks can also take more time and skill to handle. Given these specifics, it should come as no surprise that drivers who get behind the wheel of tractor-trailers have strict rules they’re required to follow.

In a recent interview, Chris Gilreath from Gilreath & Associates discussed these trucking industry regulations with AskTheLawyer.

Watch the video to get answers to questions like:

• Are truck drivers always at fault when an 18-wheeler accident occurs?
• Who regulates the trucking industry?
• Is it difficult to sort through the complicated regulations of the trucking industry?
• What are some of the rules and regulations that truckers are supposed to follow so they are well-rested?
• Do trucking companies push truck drivers to break the rules?
• How do truck drivers keep track of their hours and miles?
• Can driving logs be used as evidence after a big rig collision?
• How can an attorney make sure that evidence doesn’t disappear after a tractor-trailer accident?
• Why is it important to consult with an attorney as soon as possible after a semi-truck accident?

The trucking industry as a whole is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which was created by the U.S. Department of Transportation (USDOT) in 2000. The FMCSA is responsible for:

• Collecting safety data
• Developing the standards that help keep commercial trucks safe
• Regulating compliance

The main goal of the FMCSA is to keep the number of injuries and accidents involving tractor-trailers as low as possible. Furthermore, the FMCSA is responsible for setting the minimum standard for how trucking companies and drivers are supposed to operate.

Each state is permitted to choose its own laws regarding the trucking industry. Most states, like Tennessee, have elected to default to federal trucking laws. In Tennessee, tractor-trailer drivers are subject to all of the rules and regulations that have been set forward for intrastate trucking.

These regulations include:

• Carrying a valid medical card
• Recording rest hours
• Maintaining proper record keeping
• Truck size limitations (trucks are limited to less than 8 feet wide and less than 13 feet, 6 inches; above that and a special permit and vehicle escorts are required)
• Weight limits (commercial trucks are not allowed to weigh more than 80,000 pounds)

If a truck driver or trucking company violates (or allows a driver to violate) any state law, they can be held accountable for any injuries that are caused in an accident.

According to Tennessee rules and regulations, most trucking regulations don’t lead to an independent call of action; however, in the case of a trucking accident, injured persons have the right to use a statute violation to prove negligence.

Proving negligence in Tennessee requires victims to establish that the defendant both owed and breached a legal duty. In the drivers, all motorists have a duty to avoid any behavior that could potentially harm others.

Take, for example, a trucking company that loaded their truck so that it weighed above the 80,000-pound limit and then was involved in an accident. Since the company exceeded the weight limit set for commercial trucks, they would have been in breach of that particular duty.

Even with the tough truck safety laws Tennessee has, trucking accidents are still above the national average in the Volunteer State. When trucking accidents occur, there are often complex legal issues that make wading the waters of a lawsuit much different than a typical auto accident.

This complexity means that you need an experienced attorney, like Chris Gilreath, who is knowledgeable in trucking industry regulations and how it impacts liability.

Contact Gilreath & Associates for your free consultation today.

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By Gilreath & Associates

Medical device failure and medical malpractice are often lumped together. But while the 2 practice areas share some important similarities, it’s important to note their differences. Knowing the subtle distinctions can mean the difference between a lawsuit and a lifetime of pain and suffering.

Recently, Chris Gilreath was interviewed by AskTheLawyers™ on this very topic. Watch the video to see his response:

What is medical device failure?

A medical device is an instrument or piece of equipment used to treat patients. Medical devices can also be utilized to diagnose or prevent a medical condition. Devices are different from drugs in that they don’t use a chemical interaction to heal the patient.

Medical devices often play a critical role in helping heal a patient’s body and help the body function on a daily basis. Some examples of the most prevalent medical devices include:

• Artificial hips
• Pacemakers
• Pumps (i.e. intra-aortic balloon pump)
• Surgical staplers and staples

• Pelvic mesh
• Ventilators
• Implants (i.e. dental, knee and breast)

Unfortunately, technology isn’t perfect.

Some of these devices are capable of failing due to flaws, and the risk has increased more as time has gone on. What’s more, the consequence of medical device failure can be life-threatening. If a pacemaker stops working or malfunctions, it could kill the patient.

If you’re the victim of medical device failure, our team at Gilreath & Associates can explore all your options for compensation.

What is medical malpractice?

Like medical device failure lawsuits, medical malpractice is a legal cause of action. When a healthcare professional strays from industry standards, this is considered negligence. Errors in diagnosis, treatment, aftercare or health management can result in an injury to the patient.

Most legal advisors will begin by looking at all the parties involved. The manufacturer and distributor may both be found liable for the product. To find out exactly what went wrong, an investigation of the faulty product will take place.

Doctors often claim they were unaware of the product’s defects. However, once they’re made aware, they have a duty of care they must follow. Breaching that care could mean they’re liable for negligence. For example, failing to warn patients that a device poses a risk to the patients might be considered a breach of duty. In this case, the patient may file a medical malpractice claim to seek damages.

If a doctor decides to use a defective medical device despite knowing it was defective, such as a faulty pacemaker, they would be personally liable under malpractice law. If the product was recommended and used as directed, but the device malfunctioned and caused injury, it might be grounds for a device failure lawsuit rather than a malpractice claim. In such a case, the doctor could sue the manufacturer, but the patient wouldn’t necessarily become involved.

What’s the statute of limitation for malpractice or product liability?

Tennessee Code section 29-26-116 gives victims of medical malpractice 1 year to file a lawsuit, usually 1 year from the date the malpractice occurred. While there are some cases where the clock doesn’t immediately start ticking and the deadline might be extended, such exceptions are rare.

One such exception is that if the patient’s injury isn’t discovered within a 1-year period, the statute of limitations period begins the date on which the injury is discovered. The injured party then has 1 year from that date to file a claim.

No matter when the injury is discovered, no legal action can be brought against the doctor or hospital more than 3 years from the date the underlying medical error occurred. In other words, even if you didn’t discover the injury until 5 years after the operation, the statute of limitations has already expired.

Product liability cases, on the other hand, which include cases involving medical device failure, have a much longer statute of limitations. Victims of a failed or defective medical device typically have 6 years from the date of injury to file a claim.

However, under a law known as the “statute of repose,” you have a maximum of 10 years from the date the defective device or product was first purchased to used (placed in your body) in which to file a claim, regardless of when you discovered the device was defective.

Whether your case falls under medical malpractice or product liability has a significant impact on how long you have to submit a claim.

The right Tennessee attorneys can help

It’s important to seek immediate legal counsel if you’ve been injured because of a defective medical device or because a family member has died from a doctor’s negligence. It’s also important to know what type of case you have so that you can get the right help.

Whether you think you have a medical malpractice or product liability case, our Tennessee attorneys at Gilreath & Associates are standing by. We can help you navigate the complexities of filing a claim and settling or taking it to court. We’ll fight to make sure you receive the best outcome possible.

Contact us today and schedule your free initial appointment.

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By Gilreath & Associates

News about school bus accidents is a parent’s worst nightmare. Unfortunately, that nightmare became a reality this past October in Meigs County, Tennessee.

The bus accident, which involved a head-on collision with a utility truck, happened while the bus driver was taking students home from school.

According to reports, the school bus was traveling south on State Highway 58 in Meigs County when a utility service truck appeared to lose control and swerve into the path of the bus, causing a head-on collision.

Tragically, the school bus driver and a 7-year-old girl were killed in the accident.

The driver of the utility truck sustained minor injuries. Seven of the children on the bus were hospitalized due to their injuries, and 1 of those students was critically injured.

The investigation continues into the crash to determine if charges will be filed against the driver of the utility service truck.

When accidents like this happen, getting to the bottom of who’s at fault may not be as easy as it seems.

Who is liable for a school bus accident?

In most school bus accidents, there are generally multiple parties involved—from the bus manufacturer to the bus driver to the school and school district. And in some cases, drivers of other vehicles may be to blame as well. Due to the number of potentially liable parties, it can be challenging to investigate who may be at fault in a school bus accident.

This is where an experienced personal injury attorney can help get to the bottom of liability by finding answers to several questions.

One of the first steps will be to determine if the accident was caused intentionally or due to negligence. Proving negligence, which is the case for most school bus accidents, involves showing that the individual who was responsible for the collision breached their duty to drive safely.

Other questions that your personal injury attorney will seek to answer are:

• Was the accident due to negligence, or was it intentionally caused?
• Was the driver abiding by the laws?
• Was the driver distracted?
• Did a mechanical problem cause the accident?
• Did the school bus driver have all the necessary qualifications?

What damages are available for school bus accident victims?

For those injured in a school bus accident, and for families of those killed in such accidents, compensation for their losses can be sought in the form of “damages.”

The harm caused by school bus accidents can bring tremendous financial stress, as well as physical and emotional distress, as those injured are left with mounting medical bills.

To cover these, damages sought by victims and families can include the following:

• Counseling
• Loss of quality of life
• Medical bills

• Funeral expenses
• Lost wages
• Lifelong disability care

Finding the liable party for a school bus accident is no small feat when there are multiple parties involved. Having an expert, knowledgeable Tennessee accident attorney on your side will help you get to the bottom of it and bring you the compensation that you deserve.

Contact Gilreath & Associates today for your free consultation.

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By Gilreath & Associates

In 2015, the number of traffic fatalities reached 962 in Tennessee. The following year, drivers broke into the quadruple digits, totalling 1,037 fatalities, and the numbers have continued to increase since.

According to a recent study, almost half of vehicle fatalities are due to passengers and drivers not wearing seatbelts while in the car. States with large rural populations are also more likely to report residents not wearing seatbelts—Tennessee being one of them.

Research by the National Highway Traffic Safety Administration (NHTSA) shows 6.1 percent of commuters don’t wear seatbelts. Of that population, 41 percent are killed in Tennessee car accidents.

Why all Tennesseeans should wear a seatbelt

In case you need more incentive, here are 3 reasons why you should always buckle up:

#1. It keeps you safe

Seatbelts keep drivers and passengers safe and secure inside the car. If the car crashes or another vehicle hits you at a high speed, you could be ejected from the vehicle, which can lead to serious injury or loss of life.

Drivers and front seat passengers can also reduce the risk of fatalities by 45 percent and decrease their chances of being severely injured by 50 percent just by wearing a seatbelt properly. Moving the strap behind your back or below your arms isn’t enough. You have to properly secure yourself.

#2. Airbags don’t replace seatbelts

Some vehicle occupants believe that airbags are enough to keep them safe if they get into a car accident, but this isn’t true. When they deploy, airbags inflate with enough force to break the ribs and collarbone, which can lead to fatalities. By wearing a seatbelt, you significantly reduce that risk.

#3. It’s the law

Not every state has the same laws when it comes to seatbelts. According to the Tennessee Highway Safety Office, all drivers and front seat passengers are required to properly fasten a seatbelt across their bodies at all times while in a vehicle that’s moving forward.

Anyone under the age of 18 is required to wear a seatbelt whether they’re in the front or back seat. Licenced drivers are responsible for themselves and any passengers under the age of 18. This means even if the driver is wearing a seatbelt, they can still be ticketed if a child is not wearing one.

Currently, the primary seatbelt law allows law enforcement to stop a vehicle if the driver and passengers are not properly secured inside a moving vehicle without exception.

Were you injured by an unrestrained driver?

Tennesseans opposed to seatbelt laws argue no one but themselves are hurt by not wearing a seatbelt, but this isn’t the case. Occupants who don’t wear a seatbelt are more likely to injure others in the event of a crash and have less control of their vehicle.

If you or a friend or family member have been injured in a car accident, and the other driver wasn’t wearing a seatbelt, you may be entitled to compensation. You don’t have to suffer from another driver’s negligence.

Contact our Tennessee car accident lawyers today for your free consultation. Gilreath & Associates will help you obtain compensation for damages, pain and suffering, injuries and lost wages.

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By Gilreath & Associates

Tennessee Wildlife Resources Agency officials recently reported 3 separate boating accidents that led to 6 people being injured on the same Saturday in August 2020.

The first accident was at 3:45 p.m. on Dale Hollow Lake near Willow Grove. A 17-year-old was being pulled behind a boat on a tube when it flipped. She was transported to Vanderbilt Children’s Hospital in Nashville with back injuries.

The second accident occurred at 6 p.m. on Watts Bar Lake when a 48-year-old man misjudged the water depth and was struck by a propeller.

The third accident occurred at 10 p.m. that same day on the Hiwassee River when 2 watercrafts crashed into each other, resulting in 4 injuries.

Boating accidents are dangerous and deadly. If you don’t know what to do, it can result in serious injury or worse. The following recommendations are provided by the U.S. Coast Guard in the event of an accident on the water.

Create a floating plan

Before boat owners or operators go on an excursion, they should create what’s called a floating plan. This plan lays out the route you plan to take, your destination, the dimensions and specifications of the craft and the number of people aboard. This gives authorities a head start if an accident should occur.

Make sure passengers are safe

If a boating accident does occur, the first thing to do is make sure everyone is accounted for and no one is injured. Next, make sure everyone is wearing a life jacket, including yourself. If anyone is in immediate danger or the boat appears to be damaged, get to dry land as soon as possible.

Call for help

Always call 911 in the event of an emergency. If there’s a VHF radio available, make a distress call on channel 16. This channel will be heard by the United States Coast Guard as well as other boats who may be nearby that can offer assistance.

Gather information

Just like you would for a car accident, gather as much information as possible. Note the time, date, location and weather when the accident occurs. Be sure to take pictures of any damage and get the contact information of any passengers and witnesses.

If more than 1 boat is involved, get the contact information from the other operators and pictures of their boats as well as the make, model and registration number.

Inform insurance company

Once you’ve finished exchanging information, call your insurance company as soon as you and any passengers are safely ashore. Be as detailed as possible and always be sure to follow up with an inspection even if the damage looks minor.

Report the accident

Whether or not you called emergency services, you should report an accident within 48 hours if there was a severe injury or the damages add up to $2,000 or more. If there’s a fatality within that time because of the accident, the boat’s operator has 24 hours to report it and should be filed with state or federal law enforcement agencies.

After speaking with local authorities and the insurance company, the next person you should call is a Tennessee boating accident lawyer. The experts at Gilreath & Associates can help determine who’s ultimately responsible for the accident and recover maximum damages.

Contact us today for your free consultation.

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By Gilreath & Associates

In case you missed the news with everything else going on, Tennessee enacted several new laws and regulations in July 2020 in an effort to better protect and serve its citizens. Several of these new laws include adjustments in healthcare and driving laws.

Interstate driver license compact

In addition to 42 other states, Tennessee is joining a compact that exchanges information regarding license revocations or suspensions due to major traffic violations by non-residents.

It mandates that the state must report convictions to an offender’s residence if a driver in that state fails to assist another driver whose auto accident resulted in death or serious injury, driving under the influence, negligent homicide or manslaughter.

Offenders can reapply in 1 year to have their driver’s license renewed pending an investigation. This investigation is designed to determine if it’s safe for them to be on the roads.

Slowpoke law

Highways with 2 or more lanes in each direction now fall under the Tennessee “slowpoke” law, which places a $50 fine on violators. The new addition to this law requires vehicles to stay out of the left lane on interstate highways unless they’re passing other vehicles.

The old legislation used to apply only to 3 lane highways going each direction, but traffic experts believe driving too slow can have the same consequences as driving too fast, which prompted legislatures to add the 2-lane extension to the “slowpoke” law.

General Assembly votes to continue funds

Tennessee hospitals, nursing homes and ambulance services saw a rise in critical financial support from state lawmakers when 3 bills were passed in March 2020, including the Tennessee Hospital Assessment Act. This legislation raised $600 million in state funds.

According to Nashville’s NewsChannel 5:

“The assessment, which has been in effect since 2010, provides hospitals a portion of their unreimbursed TennCare costs. Similarly, legislation that provides funds essential for operating nursing homes in Tennessee was adopted. The measure raises funds allocated to the Nursing Home Assessment Trust Fund by $134.6 million, allowing Tennessee to draw down $259.8 million in needed federal matching funds.”

Tennesseans are most excited that the new bills also include reduced payments to hospitals and health professionals, easing the financial stress of emergency visits, x-rays, various therapies and the enrollment cap for the medically needy.

Healthcare Empowerment Act

All licensed medical professionals in Tennessee are now able to use direct medical agreements without influence or regulations from the state’s insurance laws. By expanding this legislation, proponents say that healthcare consumers will now be able to choose affordable payment options.

Patients can now contract directly with their physicians for healthcare services. If a consumer decides to do so, they won’t forfeit their coverage plan with TennCare or Medicare programs if they decide to pay out-of-pocket.

New Tennessee Rare Disease Advisory Council

Established under a new 2020 law, the Tennessee Rare Disease Advisory Council was created to enlist the aid of rare disease specialists who can aid state government bodies “about the complexities of treating rare diseases and the most efficient and effective treatments.”

This council will help raise awareness amongst Tennesseeans and assist TennCare and other agencies to provide proper treatment options for rare diseases such as Crohn’s disease, multiple sclerosis and Lou Gehrig’s disease.

Gilreath & Associates seeks to keep Tennesseeans up-to-date on the newest laws. If you or a loved one experience a personal injury or are involved in an auto accident, you’ll know who to turn to. Our team of skilled attorneys has the experience, compassion and commitment to make sure you don’t have to settle for less.

Contact us today for your free consultation.

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