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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

Kershaw, Cook & Talley is Investigating the Santa Rosa Fires

In the devastating aftermath of the Northern California wild fires, reports are filtering in that many of the fires that lead to the description of more than 3,500 homes may have been sparked by PG&E equipment that was poorly maintained.

Kershaw, Cook & Talley is Investigating the Santa Rosa Fires

In the devastating aftermath of the Northern California wild fires, reports are filtering in that many of the fires that lead to the description of more than 3,500 homes may have been sparked by PG&E equipment that was poorly maintained. Lines tangling with branches can spark, so utilities are required to trim or remove nearby trees and bushes. For the standard electrical line running through most neighborhoods, branches must be kept at least 4 feet from the wires and 10 feet from each power pole.
Investigators are considering whether equipment owned by PG&E may have been responsible for the wild fires that spread throughout Northern California. The fires at issue include:
• The Tubbs Fire
• The Cascade Fire
• The Sulphur Fire
• The Redwoods Valley Fire
• The Lobo Fire
• The La Porte Fire
• The Cherokee Fire

PG&E has a long history of neglecting its infrastructure and is responsible for 4 of the 20 largest wild fires in California. In fact, just two years ago PG&E was found responsible for starting a wild fire in Butte County that lead to the destruction of more than 500 homes.

For many residents, the impact of these fires has been devastating. Many property owners have been left homeless and are just now learning that their insurance will not fully compensate them for their losses. Business and farms have been decimated.
Our team of experienced attorneys is investigating claims against PG&E and other responsible third parties and is committed to helping fire victims, including those who may have lost their homes, businesses or personal property. Those entitled to compensation include anyone who was harmed by the fire such as tenants, business owners, and property owners. Also, whether you had insurance to cover your losses does not impact your right to compensation. The types of recoverable damages include:

LANDSCAPING, CROPS, TREES, AND EROSION

The Northern California wild fires did not just burn structures, but also caused extensive damage to farms, trees, landscaping, and crops. Typically, such damages are not covered by insurance. However, under California law, those responsible for damaging real property must pay damages sufficient to restore property to its pre-fire condition. This would include the cost of replacing trees, shrubs, and landscaping. Also, the value of crops would be recoverable. It is also important to realize that sometimes a fire can cause damage to property in ways that may not be immediately obvious. For example, if a fire destroys ground cover or vegetation, this can cause serious erosion and flood problems in the winter.

PERSONAL PROPERTY

Individuals are entitled to recover the value of all the personal property that may have been destroyed in a fire. Personal property includes everything you own inside your home such as furniture, home entertainment equipment, clothing, jewelry etc. We have discovered that insurance carriers often pay homeowners much less than what their personal property is truly worth. In some situations, it is important to retain experts to place a value on your property. For example, often collections, art, vehicles, and antiques are difficult to value. At Kershaw, Cook & Talley, we can help you maximize the value of all personal property that may have been destroyed in the fire.

MENTAL ANGUISH/MOTIONAL DISTRESS

There is no doubt that losing one’s home in a fire can cause severe mental anguish. Not only do you lose everything you own, but the process of dealing with the aftermath can cause incredible stress. These emotional damages are often recoverable if a third party is responsible for your home’s destruction.
Also, in a fast-moving fire, people are often placed in the position of fleeing for their lives and have a genuine fear they may die, or that a spouse or loved one may die in the fire. Fortunately, the law allows recovery for the direct emotional distress caused by being placed in such a dangerous situation.

INJURY AND DEATH

There are numerous physical injuries that can be caused by wildfires. They include respiratory injury, bodily harm and burns, and, in some instances, death. Under California law, damages for all physical injuries are recoverable if a third party is found to have caused the

Are Boats Required to Have Insurance in California?

 

Coast Guard Compass

California law does not require boaters to insure their boats.

Despite California’s policy on boater’s insurance, it is wise to get coverage to minimize risks to your personal assets. Boating insurance is like car or home insurance; it covers the policy holder and the boat from property damage, theft, vandalism, and injuries. But, while boater’s insurance is like car or home insurance, a boat is usually not covered by either of those policies.   Therefore, you should obtain a separate policy to protect you and your boat.

When purchasing an insurance policy for your boat, it is important to conduct some research on the various insurance providers. Rates differ based on the boat’s location, model, and even the boat owner’s experience. To secure the best coverage at affordable pricing, it is important to discuss “agreed value” and “actual cash value” policies.

Agreed value policies will pay the amount agreed to on the policy if there is a total loss of the boat. Damage that results in partial loss would normally be paid for by a replacement cost. The physical depreciation of the boat would not be a factor considered to determine the value of the damages. Actual cash value policies cover less than agreed value policies but have lower rates Depending on the policy types, discounts can vary with different insurance policies.

While there is no requirement for boater’s insurance, it is advised to get boaters insurance to minimize any risk if you ever get into a boating accident, or if your boat is damaged or stolen. If you need assistance or more information on boater’s insurance feel free to call Kershaw, Cook & Talley at 916-779-7000. We would be happy to help!

What Steps Can I Take to File a Personal Injury Lawsuit?

Photo: NY Daily News

Personal injury lawsuits are commonly filed with the help of attorneys or other legal services. While becoming involved in a legal matter can be stressful, personal injury lawsuits are important to recover damages for an injury suffered because of someone else’s negligence.

Soon after any accident or injury due to the fault of another, it is important to contact attorneys you can trust to fight for your legal rights. Before that, however, it is also important to collect all of the facts of the incident or event that led to the injury. The best way to remember details after suffering an injury is to write down notes that list the details of what occurred, when it occurred, and how it occurred.

It is important to gather as much contact information from witnesses who saw you get hurt or anyone involved in the incident that led to your injury. Taking photos or videos of the scene or event is also important and can help your case.

In addition, be sure to promptly treat with your health care providers for your injuries.  Any significant delay in treatment can not only hinder your health recovery, but your legal recovery as well.  Follow your doctors’ advice and do all you can to get better.

It’s important to contact an experienced attorney immediately.  An attorney can evaluate your case, protect your rights, help gather facts and evidence, take away the stress of dealing with insurance companies, present the claim in an organized and persuasive manner to maximize your recovery and file a lawsuit, if necessary, and litigate the case all the way through trial if that’s what justice requires.

If you believe you have a personal injury claim, contact Kershaw, Cook & Talley.  Our experienced attorneys can help protect and fight for your legal rights while you focus on your health and recovery. Call our law office at 916-779-7000 for a free case evaluation and to speak with one of our experienced attorneys.

I was injured at a Campground. Do I have legal options?

Photo: Parks Victoria

Camping is a great way to enjoy the outdoors and spend quality time with friends and loved ones. While it should be relaxing and safe, camping can be dangerous and lead to serious injuries or death.

Not every camping injury will lead to a recovery of money.  It largely depends upon how the injury occurred, whether the injury is serious or not, or if the person’s own conduct contributed to the injury. Though many people may assume that a majority of camping accidents happen because of nature and there’s no way to prevent them, oftentimes campers can get hurt because someone else was negligent, and/or failed to make sure the campsite or campground was in the safest condition possible

Many campgrounds are operated by state agencies or private companies who are responsible for maintaining safe campgrounds. This includes adequate protocols to ensure safe trails, facilities, equipment, warning signs and proper supervision of campers. After an injury occurs it is important to determine who is at fault for the injury.

Depending on the type of campground there can be more than one entity responsible, including a government agency. An injured camper must act quickly to ensure their legal rights are protected.  There are certain laws called statutes of limitations which require a person to bring a claim within a specified time frame.  If they don’t, they will lose their claim.  In the case of a claim against a government agency, the time frame is only six months.

If you or someone you know has recently suffered an injury at a campsite, call our experienced personal injury attorneys for a free case evaluation.

Can I Sue For IVC Filter Injuries?

Unfortunately, blood clots can still occur when doctors implant faulty IVC filters into their patients. IVC filters are used to prevent life-threatening pulmonary embolisms, which block the artery in the lungs making it hard to breathe. Essentially, these IVC filters are supposed to catch blood clots that would get into your lungs. If the filters are unable to catch the blood clots, it can cause serious health problems. These include, but are not limited to, death, hemorrhages, severe and persistent pain, symptoms similar to a heart attack, or shortness of breath and chest discomfort. In addition to the filters not catching the blood clots, the filters are sometimes breaking off and migrating into different parts of a person’s body. Often times patients are not warned of the risks of these filters and neither are the doctors, even though the consequences are so severe. If a company that manufactured or produced IVC filters was careless and made a faulty product, you may have grounds to sue for your injuries.

Faulty IVC filters that cause harm can potentially lead to a products liability claim. Products liability cases target companies for either designing defective products, manufacturing defective products, or failing to warn the consumers of the risks of their products. Depending on the nature of a person’s injuries, an IVC filter lawsuit can be based on any of the above reasons.  Due to the severity of the damage caused, a lawsuit against one of these companies could provide significant compensation. Medical expenses, lost wages and impaired earnings, loss of enjoyment of life, pain and suffering, or compensation for wrongful death are some of the common things that people sue for.

If you or a loved one were implanted with an IVC filter and it broke or malfunctioned, you may have a products liability claim. If you would like to receive a free case consultation about a potential blood clot filter injury, please call our offices at (916) 779-7000.

S & J Rentals v. Hilti, Inc. – A Win for KCT in Oklahoma

Today, a District Court Judge for the Northern District of Oklahoma issued an order granting our request to re-transfer a case back to California—a very rare occurrence.

The case is S & J Rentals v. Hilti, a class action lawsuit brought on behalf of California business owners against a manufacturer of power tools, Hilti, Inc. Plaintiff alleges that Hilti has engaged in a fraudulent business scheme involving its tools’ “automatic shutoff” function which requires purchasers to pay roughly $600 for reactivation exclusively to Hilti. Class members were never fully informed of this mandatory cost and therefore seek redress under California Law for fraudulent business practices.

The issue was that, although this case only involves California residents and was filed in California federal court, Hilti asserted that the case belongs in Oklahoma federal court due to a forum-selection clause buried in its sale contracts. We opposed Hilti’s position since Oklahoma law limits class actions to only Oklahoma residents and Plaintiff would have no remedy there. However, the California judge adopted Hilti’s interpretation of the forum-selection clause—that forum was proper in state or federal court where plaintiff would have the same procedural protections under Rule 23 as in California—and transferred the case to federal court in Oklahoma.

Upon receiving the case, the Oklahoma district court judge interpreted the forum selection clause as requiring the case to be filed in Oklahoma state court and issued an Order to Show Cause as to why she should not dismiss the case. Contrary to its original position, Hilti asserted that the forum selection clause requires the case to be filed exclusively in Oklahoma state court and requested dismissal. We filed a brief, (1) arguing that Hilti waived enforcement of the forum-selection clause by initially requesting transfer to Oklahoma federal court, and (2) requesting re-transfer to California for a reconsideration of the original judge’s ruling.

In her Order, the Oklahoma judge accepted our argument in its entirety. She noted that, although reconsideration of a transfer order should be extremely rare, due to the extraordinary circumstances in this case, it would be a “manifest injustice” to not permit reconsideration here. She continued, “[t]his procedural muddle is a mess of defendant’s creation,” and since Hilti was familiar with the laws of Oklahoma, “[i]t would have been the height of incompetence for [Hilti] to draft a forum selection clause without understanding [which forum it required] and the Court does not believe that defendant behaved in such a careless manner when drafting this forum selection clause.” Ultimately, since the California judge’s original transfer “order relies on [Hilti’s] misrepresentations” of the forum-selection clause to its benefit and plaintiff’s detriment, the case was transferred back to the Eastern District of California for further proceedings.

Firework Injuries – What are my legal rights?

Here, at Kershaw Cook and Talley we hope you had a wonderful and safe July 4th! July 4th is known for barbeques and other outdoor activities, and the most anticipated event: the fireworks show many neighborhoods put on for other members of their communities.

Due to the excitement associated with fireworks, an easily overlooked fact is that ordinary people are handling explosives. The United States Consumer Product Safety Commission updates their website periodically informing the public about any firework recalls because of the potential safety risks and dangers the explosive product poses.

Despite the obvious safety precautions one should take when lighting fireworks, firework injuries always occur. The 2016 Fireworks Annual Report estimated 7,600 fire-work related injuries between June 28, 2016 and July 18, 2016.

While firework injuries at home are most common, firework injuries also occur when people are spectators at large firework shows hosted by organizations. In this instance, the organization responsible for the fireworks display may be held liable for a person’s injuries if they do not properly supervise the activity that caused the injury or did something to increase the risk of harm. In certain cases, the city who hired the organization to put on the show may also be held responsible to an injured person.

Many firework injuries can also be caused by misuse. Examples of misuse are lighting a firework without clearing out the area from fire hazards, lighting the fireworks in one’s hand, or even lighting a firework in an improper position. Firework injuries can also be caused by a defect in the firework because it was not properly manufactured or designed. If someone is injured by a firework because of a malfunction, the injured person can potentially have a Products Liability Claim. (Blog Link: Who can be Held Liable in a Defective Products Lawsuit?)

To avoid any future injuries caused by fireworks please see the following safety tips before using fireworks:

Safety Tips to Avoid a Firework Injury:

If you or someone you know has been injured by fireworks, call our office to speak with experienced personal injury attorney about the legal options available after a firework injury. Call us at 916-779-7000 for a free case evaluation.

Class Action Against CalPERS Proceeds to Trial

Kershaw, Cook, & Talley is one of the law firms appointed as Class Counsel in a class action against CalPERS on behalf of approximately 123,000 class members.  The case was filed in August 2013 in the Los Angeles County Superior Court.

The class action arises from CalPERS decision to implement an 85% premium increase on policyholders who purchased Long-Term Care (LTC) policies between 1995- 2004. Following announcement of this increase in 2013, the Plaintiffs filed a complaint asserting five causes of action against CalPERS: breach of fiduciary duty; breach of contract; breach of the implied covenant of good faith and fair dealing; rescission; and declaratory and injunctive relief.

In March 2017, CalPERS filed a Motion for Summary Judgement seeking to dismiss the case in its entirety. With respect to Plaintiffs’ breach of fiduciary duty, CalPERS argued that it had immunity.  With respect to Plaintiffs’ claim for breach of contract, CalPERS urged that it had the right to raise the policy premiums for any reason and, in any event, that the claim was barred by the statute of limitations.

Class Counsel vigorously opposed CalPERS’ motion, which was heard by the Court on June 2, 2017. During the hearing, Honorable Judge Ann Jones largely agreed with Plaintiffs and the Class.The Court rejected CalPERS’ argument that the Class’ breach of contract claims were barred by the statute of limitations.  The Court found the time period to contest the 85% rate increase did not begin to run until CalPERS actually announced the rate increase in 2013.  The Court also found that the rate increase potentially violated certain provisions in the insurance contract that prohibited rate increases that are “a result of” the increasing benefits that were being provide to policyholders who purchased inflation protection.  Since CalPERS primarily implemented the rate increase on policyholders who purchased inflation protection, the Court found that a jury could infer that the rate increases were implemented as a result of this benefit.

Although CalPERS has indicated that it will attempt to “decertify” the class, this was nevertheless a significant decision on behalf of the Class.  If the case is not decertified, the Class will likely proceed to trial in the Spring of 2018 in Department 308 of the Los Angeles Superior Court.

For more information about the class action against CalPERS, call Kershaw, Cook, & Talley at 916-779-7000.

IUD Complications: Can I File a Lawsuit?

 

The IUD, or intrauterine device, is a birth control method used by many women. Although IUDs can be effective alternatives to the pill, IUDs can cause serious complications. Uterine perforation occurs in approximately 1 of every 1,000 insertions. If you have experienced this, or a similar IUD complication, you may be able to file a products liability lawsuit against the manufacturer or seller of the IUD.

Types of Product Defect

There are three categories of product defect lawsuits: Design Defect, Manufacturing Defect, and Marketing Defect.

 

Medical device product liability cases are fairly complicated, so it is important to have an experienced attorney with your best interests at heart. At Kershaw, Cook & Talley, our personal injury and civil justice attorneys have extensive experience litigating and settling cases on behalf of individuals injured by defective medical devices. We take lead roles in many medical injury lawsuits involving thousands of claimants against some of the largest corporations in the country.

Medical Malpractice: Do you have a case?

 

Image: The Guardian

Medical malpractice claims can occur when doctors do not properly diagnose their patients and/or fail treating their patients.  Generally, medical malpractice cases involve suffering injuries because of a doctor’s action or inaction. However, someone can file a claim if doctors do not receive proper consent before treating a patient, or if the medical treatment is improperly documented. One third of medical malpractice claims filed relate to patient deaths and 54% of the claims allege major or significant physical injury due to negligent medical treatment.

You must satisfy certain requirements before filing a negligence claim against your doctor.  First, one must show a doctor-patient relationship between the person filing the lawsuit and the treating doctor. At times, the relationship is difficult to prove if the consulting physician does not treat someone directly.

One must then prove the doctor was negligent and caused harm. Usually, the standard question is if a competent doctor, under the same or similar circumstances, would have been more careful or acted the same. In other words, the doctor’s actions “more likely than not” caused one’s injury or death. It is important to show the injury led to one’s damages such as pain and suffering, excessive medical costs, and loss of income. You cannot file a medical malpractice lawsuit if you did not suffer an injury.

Medical malpractice claims are complex and require expert testimony. An expert’s testimony can show a doctor’s actions were below the standard of care expected from them and therefore they were negligent. The qualifications of an expert vary depending on the state in which one is filing a lawsuit. Also, depending on the state, there may be a limit on the award amount available for the medical malpractice claimant. It is important to file a complaint as soon as possible after an injury to fully exercise your rights as a patient.

If you were injured by a neglectful medical provider, call Kershaw, Cook, & Talley at 916-779-7000 for a free case consultation.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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