Gatlinburg is a mountain resort city located in Sevier County, Tennessee. Every year, thousands of visitors travel to the area for its outdoor adventures and beautiful scenery. The city is home to attractions such as the hiking trails in the Great Smoky Mountains National Park, Ripley’s Aquarium of the Smokies, golf courses, ski areas, and amusement parks. While most people enjoy their trip without incident, unexpected accidents can happen to tourists who come to Gatlinburg. People who are hurt in a car crash or a slip and fall can consult an injury lawyer at the Hartsoe Law Firm. Numerous visitors to Gatlinburg have been injured at cabin rentals, commercial businesses, and shopping areas. We have helped many accident victims pursue the compensation that they need to recover.Holding a Negligent Party Accountable for Damages
If you have been hurt because of someone else’s carelessness, you may be able to file a negligence claim against the at-fault party. Negligence is generally viewed as the failure to use reasonable care in one’s actions or omissions, which leads to foreseeable harm to someone else. Reasonable care is defined as how an ordinarily prudent person would behave in the same or similar circumstances. For example, a shop owner usually should place a ‘wet floor’ sign near an area in the store that has been mopped so that customers are warned of the potential hazard. If the owner fails to place such a sign when it is appropriate, and a customer slips and injures him or herself as a result, the store probably would be liable for any costs or losses that resulted.
To establish negligence, an accident victim must show the following elements:
- The defendant owed the injured person a duty to act with a certain level of care;
- The defendant failed to meet that standard;
- The injured person was hurt as a direct result of the defendant’s inadequate care; and
- The victim incurred actual damages.
For these cases, the standard of proof is the preponderance of the evidence. This requires the victim to demonstrate that his or her version of events is more likely than not how the accident unfolded. If he or she succeeds in the claim, a range of economic and non-economic damages may be available. For example, someone who is hurt in a car accident may be able to pursue compensation for medical costs, vehicle repairs, lost wages, the costs of future treatment, and pain and suffering. Many persons who sustain injuries in Gatlinburg receive emergency medical treatment at LeConte Medical Center in Sevierville.
If you have lost a loved one due to the negligence of another party, you may be able to seek compensation through a wrongful death claim. Certain family members can take legal action after a tragically fatal accident to seek damages such as medical and burial expenses, in addition to compensation based on their relationship to the victim. In the state of Tennessee, personal injury actions and wrongful death claims must be filed within one year from the date of the accident. This time limit is known as the statute of limitations. If you fail to take legal action within the applicable statute of limitations, you may be barred entirely from pursuing your case.Seek Legal Guidance after an Accident in Gatlinburg
At the Hartsoe Law Firm, our attorneys work diligently on premises liability and motor vehicle collision claims arising from accidents in Gatlinburg and elsewhere in Tennessee. A car crash or slip and fall can have long-term emotional, physical, and financial consequences for everyone involved. We know this is a stressful time for you, and we can fight tenaciously for your right to compensation while you focus on the healing process. To set up a free consultation, contact us online or call us at 865-804-1011.