The site of Hiwassee College, Madisonville is a small city in Monroe County, Tennessee. It serves as the county seat and is home to about 5,000 residents. The town’s origins date from the early 19th century, when it was initially named Tellico after a Cherokee village at the same location. It was renamed Madisonville after President James Madison. Madisonville also has one of the most beautiful historic courthouses in Tennessee, which was built in 1897. Residents and visitors in the area far too often find themselves involved in sudden accidents that cause serious injuries and disrupt their lives. If you are in this situation, you should know that you may have legal options. Madisonville injury attorney Mark Hartsoe has many years of experience counseling accident victims and knows what it takes to bring a successful claim. He is ready to help you seek the compensation that you deserve.Protect Your Rights after a Car Crash
If you have been involved in an accident in which you were hurt, you may be able to bring a claim against any party that was responsible. In a personal injury case, a plaintiff generally must show that the defendant did not act with the required level of care and that this failure caused him or her to suffer injuries and incur damages. The standard of care that we must exhibit in a given circumstance is informed by the specific facts involved.
In a car accident case, for example, the standard of care involves an examination of whether the defendant operated his or her vehicle with the same careful attention that a prudent driver would exhibit in a comparable situation. Many accidents result from a driver violating a traffic rule. According to TCA 55-8-149 and TCA 55-8-109, drivers must yield the right of way when appropriate, including at stop light intersections. Also, TCA 55-10-401 prohibits drivers from operating a motor vehicle while under the influence of certain drugs, including some prescription medications. Tennessee law also bars the operation of a motor vehicle when the driver’s blood alcohol content is above 0.08 percent.
If the plaintiff can show that the defendant violated a safety statute at the time of the car crash or other accident, the plaintiff likely can establish negligence per se, which creates a rebuttable presumption that the defendant breached the duty of care. The plaintiff must also show that this breach was the direct cause of his or her injuries and provide evidence supporting the damages that he or she is seeking in the lawsuit.Bringing a Premises Liability Claim
We all visit other people’s property on a daily basis. This includes everything from another person’s home to a large office complex, or even the supermarket. According to Tennessee law, property owners have a duty to maintain their premises in a reasonably safe condition and to warn visitors about any known hazards. Unfortunately, property owners do not always comply with this duty, often putting guests, visitors, or shoppers at risk.
According to the Tennessee case of Henson v. F.W. Woolworth’s Co., a plaintiff in a slip and fall case must show that the property owner had actual or constructive notice of the dangerous condition. One way that a plaintiff can demonstrate this is by proving that the defendant engaged in a pattern of conduct that gave rise to a dangerous condition.
After showing that a defendant failed to appropriately maintain his or her premises, or to provide appropriate warnings, the plaintiff must establish that this failure was also the direct cause of his or her injuries. As with a car accident case, the victim must establish their damages (past and future medical expenses, lost wages, pain and suffering, disability, etc.).Contact an Experienced Injury Attorney in Madisonville
Victims of a car crash, a slip and fall, or another type of accident may have legal rights to assert. Madisonville injury lawyer Mark Hartsoe knows how difficult it can be to navigate the legal system. He can stand by you at each step of the process and ensure that you receive the personal and compassionate legal representation that you deserve. If you need to consult a personal injury or wrongful death attorney, call us at 865-804-1011 or contact us online to set up a free, no-obligation consultation.