Located in Roane County, Tennessee, the city of Rockwood is home to about 6,000 residents. Drivers along nearby Interstate 40 can see sweeping vistas of the area as they travel between Knoxville and Nashville. Just below the eastern edge of the Cumberland Plateau, Rockwood lies at the edge of the boundary between the Eastern and Central time zones. As the city expands, the potential for car accidents and other harmful events increases. Motor vehicle collisions or slip and falls may arise from a variety of causes, but in most cases carelessness by a person or entity plays a role. Rockwood injury lawyer Mark Hartsoe can provide experienced and compassionate legal guidance to accident victims who are seeking to hold accountable those who were responsible for harming them.
Establishing a Negligence Claim after an AccidentIf you have been hurt because someone else acted carelessly, you probably can bring a lawsuit to seek compensation for your damages. According to Tennessee law, there are time limits on when you can bring your claim. These rules are referred to as statutes of limitations, and the amount of time differs depending on the type of claim. As a result, it is critical to ensure that you take action without delay after an accident.
Many of these cases arise out of motor vehicle collisions. A victim of a car accident usually must prove that the defendant failed to operate his or her vehicle with the same ordinary care and skill that a reasonably prudent motorist would exhibit, faced with a similar set of circumstances. Among the most common causes of motor vehicle collisions are drunk driving, fatigued driving, or getting distracted behind the wheel, often while using a cell phone. Since a reasonable person probably would not engage in any of these behaviors, a driver who does engage in them would be deemed to have breached the standard of care.
Another type of accident that happens all too often is a slip and fall, which may lead to a premises liability case that aims to hold a property owner liable for the victim’s injuries. Some examples of hazardous conditions include slippery sidewalks or floors, broken staircases, dimly lit walkways, defective handrails or guardrails, and poorly secured parking lots. To recover compensation, the plaintiff must show that the defendant did not maintain its premises in a reasonably safe condition, or did not provide a sufficient warning to visitors about any known risks.
In a personal injury lawsuit, the victim must show that the defendant’s failure to use reasonable care was the direct cause of his or her harm. Also, the plaintiff will need to provide evidence supporting his or her claim for damages, including any hospital bills, medical expenses, missed paychecks, loss of future earning capacity, or other expenses associated with the accident. More subjective forms of damages like pain and suffering also may be available.
In cases when the defendant’s conduct was intentional, malicious, reckless, or fraudulent, TCA 29-29-104 allows a plaintiff to seek punitive damages, which are designed to punish the defendant for this egregious conduct while discouraging other members of the public from engaging in such behavior. Punitive damages are granted in addition to compensatory damages, so they may dramatically increase an accident victim’s award.
Consult an Experienced Injury Lawyer in RockwoodPeople who have been hurt as the result of someone else’s negligence or misconduct should explore their legal options. Rockwood injury attorney Mark Hartsoe takes pride in providing accident victims with the diligent, personalized, and attentive legal representation that they need. If you need a slip and fall or car accident lawyer, or guidance and representation in any other personal injury claim, call us at 865-804-1011 or contact us online to set up a free consultation.