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Attorney Scott Charnas has been successfully handling cases of serious personal injury and wrongful death for over 25 years.

Forever Grateful,

“From the moments of our first consultation through the process of litigation, negotiation and ultimate settlement, I felt fully confident in Scott’s ability to represent me with integrity.  This was very important to me, I wanted to be represented by a lawyer I could be sure would not only act in my best interests, but work for me in a way which was congruent to my ethics.  Scott was that person.  He took care to be compassionate as well as professional.  I am forever grateful for his being there for me when I needed counsel.”

— G. Benkert

News From The Blog

What is negligence?

In its most simple definition, it means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis for a personal injury lawsuit. Negligence is any conduct that falls below the recognized standards of behavior established by law for the protection of others against unreasonable risks of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances. To establish negligence, a plaintiff (the person injured) must be able to prove or demonstrate in court that the defendant (the person being sued) had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant’s negligent conduct was the cause of the personal injury or harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged. For example, the driver of a tractor trailer truck hauling a large piece of machinery owes a duty to other drivers on the freeway to be careful. If the truck driver failed to strap down the machinery and it fell off the truck, landing on a passing car and injuring or killing the driver of the car, a personal injury or wrongful death claim could be made based upon the negligence of the truck driver. Hiring a lawyer / attorney is always advised if you feel you may have a personal injury or wrongful death case.

What does ‘duty’ mean in a lawsuit for injuries?

When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us.That means doing something that a reasonably prudent person would do under the same circumstances. For example, when we drive a car, we owe a duty to drive safely to everyone else on the highway and to the pedestrians around us. Similarly, when a company manufactures a car, it has the duty to make sure it is manufactured safely. The extent of a duty to act safely, though, is often the complicated part of a lawsuit. A consultation with a lawyer will help you determine if you may have a case against an individual or company.

What does the term “liable” mean?

The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person’s injury or death. When a defendant is found liable, he or she is generally obligated to compensate the injured party for their damages. The term “liable” is often confused with “guilty”; However the term “liable” is used in civil cases and the term “guilty” is only is used in criminal cases. A consultation with an attorney will help you determine if you may have a case against an individual or company.

What does the term “reasonable person” mean? 

A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances.The hypothetical reasonable person provides an objective by which the conduct of others is judged. Using the truck driver example above, the driver who failed to strap down the heavy machinery on his truck would be considered negligent if other truck drivers hauling the same machinery would typically strap such machinery down.

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