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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

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Are Boats Required to Have Insurance in California?

  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

How Many Personal Injury Cases Go to Trial?

Photo: Eric Chan,

Personal injury cases are legal disputes resolved through civil litigation. Unlike criminal cases, where the State seeks criminal sanctions against an individual, civil litigation consists of parties seeking some type of monetary damage or other specific result. Civil cases deal with a wide variety of laws including contract, tort, and property law. They are either filed as limited cases, where a plaintiff seeks damages of $25,000 or less, or unlimited cases where a plaintiff seeks damages of over $25,000. The majority of civil cases filed are personal injury tort cases where a plaintiff is seeking monetary damages for an injury sustained by another person’s negligence. These lawsuits are brought for various reasons, such as motor-vehicle accidents, medical malpractice, or defective products.

Many civil cases can be resolved without going to trial through an Alternative Dispute Resolution (ADR) process, such as arbitration or mediation.  Arbitration and mediation bring together the persons involved in the lawsuit in an informal setting.  The goal is to reach a fair resolution without incurring the time and expense of trial.

The 2015 Court Statistics Report reported a total of 835,215 civil cases filed in California during the 2013-2014 fiscal year. About 173,420 of these cases were unlimited civil cases. Roughly, 78% of these unlimited civil cases were resolved in either a final judgement or dismissal and only 22% resolved after trial. About 507,728 cases are filed as limited civil cases and about 6% of those were resolved after trial.

While there is no exact national data, the U.S. Department of Justice reports about 4% of all personal injury cases filed nationally actually go to trial. The majority of personal injury cases are resolved in either settlements or dismissals before trial is even assigned.

Here, at Kershaw, Cook, & Talley, our attorneys have extensive experience in litigating personal injury cases. If you or a loved one has been injured, call our office at (916) 779-7000 for a free case evaluation.

Stay Safe on Memorial Day Weekend

Photo: Atlanta Magazine

During Memorial Day, please take some time to celebrate and honor our nation’s fallen heroes with family and friends.  While enjoying the weekend’s festivities keep the following safety tips in mind to ensure the holiday stays fun:


Make sure meat is sufficiently cooked in order to prevent food poisoning – up to 48 million Americans each year suffer from food poisoning according to the Center for Disease Control and Prevention.  Using a meat thermometer can ensure that your meat is not dangerously undercooked, as color is not always a good indicator of doneness.

Moreover, grills can be dangerous objects for young children to be around.  The extreme temperatures and often sharp edges pose a risk of harm to our little ones.  Make sure you maintain a three-foot radius around the grill that is a kid-free zone.  Additionally, keeping the grill clean of grease and cobwebs (which can ignite) can also reduce the risk of grilling incidents.


Memorial Day brings with it an increase in vehicles on the road and, therefore, a higher likelihood of traffic collisions.  About 400 fatalities occurred during the Memorial Day weekends of both 2015 and 2016, so driving safely is imperative on Memorial Day weekend in order to minimize the chances of those numbers repeating again in 2017.


Lounging by the pool and swimming is one of the most popular activities among families during Memorial Day weekend.  Let’s keep this a safe and pleasurable event.  Know the depth of the water before diving in as spinal injuries can result in paralysis or even death.  A designated “pool-watcher” can help ensure that kids stay safe when swimming and that Memorial Day stays fun for all.

Kershaw, Cook & Talley wishes everyone a fun and safe Memorial Day weekend.  If, in the unfortunate event that you or a loved one suffer harm or injury resulting from the fault of another that didn’t abide by our community safety rules, please contact our office.

Top Five Traffic Violations That Cause Auto Accidents


Photo Courtesy of NBC News

Getting from point A to point B should be accident free. Unfortunately, auto accidents happen every day in Sacramento, many of which are preventable.

Top 5 Causes Of Car Accidents

There are multiple variables that can cause car accidents. However, the following factors contribute to the highest number of accidents:

  1. Following Too Close 
    California Motor Vehicle Code (CVC) 21703 (a) requires you to follow the vehicle in front of you at a distance that allows you to stop, no matter how quickly that vehicle stops. A safe distance for following another vehicle varies depending on various factors including vehicle speed, weather, visibility and other road conditions. However, the three-second rule may help you judge this distance: if the vehicle in front of you passes an object, there should be a three second period before you pass that same object. Driving too closely behind another vehicle, or tailgating, eliminates the safe distance needed to avoid an accident. Motorists who are complacent and do not allow for sufficient stopping distances can cause rear-end collisions.
  2. Failing to Obey Traffic Laws 
    Behaviors that can cause serious car accidents include making illegal U-turns, failing to stop at stop signs or stop for red signal lights. California law doubles the fine for red light violations.
  3. Driving Under the Influence of Alcohol or Drugs (DUI) 
    In the recent year, drunk driving fatalities represent approximately 29% of all total traffic deaths. Not only is this astonishing but also unacceptable. On September 28, 2015, Governor Brown approved a bill requiring interlocks for all convicted drunk drivers in four counties in California – Alameda, Los Angeles, Sacramento, and Tulare.
  4. Speeding
    Speeding is one of the leading causes of car accidents in California. Driving in excess of the posted speed limit, or at any unsafe speed, reduces reaction time. Speed increases the likelihood that a crash will be catastrophic or fatal.
  5. Left Turns
    The most common cause of car accidents, after rear-end collisions, is the failure of a motorist turning left to yield the right-of-way to oncoming traffic. According to CVC 21801 (a), a driver must continue to yield the right-of-way to approaching vehicles until the turn can be made with reasonable safety.

Other leading causes of accidents include poor road conditions, manufacturer defects, and distracted driving. The National Safety Council estimates that 21% of all crashes involve cell phone use.

What should you do if you’ve been in an auto accident? 

1. Make sure no one is hurt.

2. File a report of the collision as soon as possible. Gather the following information:

Take pictures if possible. Documenting the scene of the accident, vehicles involved, and your injuries, are valuable evidence when pursuing a personal injury claim.

3. Write down what happened 

4. Do not speak with the insurance company

5. Keep all accident-related records 

Call Our Sacramento Personal Injury Lawyers | California Auto Accidents 

If you or a loved one were injured in an auto accident, caused by another party’s negligence, you should contact our experienced personal injury lawyers to help protect your legal rights. You may be entitled to compensation for accident-related expenses such as medical bills, lost wages, and pain and suffering. Call us at 888-997-5170 for a free case consultation. You can focus on your recovery, and we will focus on your case.

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.


“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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