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We focus on the following cases:

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

Recovering Damages If I am Partially at Fault in an Auto Accident

Photo: Edmunds.com

Numerous automobile accidents happen every day, and it is possible for multiple people to be at fault.  Fortunately, if you were partially at fault in a car accident, you can potentially recover damages—depending on your state’s negligence laws.

Pure Comparative Fault

In states that recognize the “pure comparative fault” rule, injured parties to an auto accident may recover damages even if they were 99% at fault. Under this rule, drivers’ recoverable damages are proportionally reduced by the percentage they are at fault. So, if you were 70% at fault in a crash and suffered $100 thousand in damages, you could still recover $30 thousand from the other driver. Approximately 1/3 of states have adopted pure comparative fault—including California.

Modified Comparative Fault

Most states that follow “modified comparative fault” allow drivers to recover only if they are 50% or less at fault in the accident. Other states following this rule set the threshold at 49%, rather than 50%. “Modified” comparative fault works the same way as its “pure” counterpart—damages are proportionally reduced by the driver’s negligence. The key difference is, under modified comparative fault, drivers that are 51% (or 50%) at fault for the accident are prohibited from recovering entirely. Most states follow this approach.

Contributory Negligence

Contributory negligence is the least forgiving of the negligence rules. Under this standard, if a driver is even 1% at fault in an accident, they are prevented from recovering entirely. Although comparative fault is the modern trend, 5 states still follow contributory negligence.

If you were in an auto accident and you aren’t sure what you can recover—we can help. Call Kershaw, Cook & Talley for a free case evaluation today at 888-997-5170.

Click here for more information on negligence systems in US jurisdictions.

Passenger Injury Claims After a Car Accident

Carpooling, road trips and rides to the store can be fun with co-workers, friends and family.  As a passenger in a car, you should protect your safety even though you are not expected to predict every decision of the driver. So, what happens if you are an injured passenger in a car accident? Who’s liable to compensate for your injuries? What are your rights?

Generally, passengers file a claim against the insurance company of the driver who is responsible for the accident. If the driver or owner of the car you were riding in is at fault, you should make a claim against the liability insurance policy of the driver or owner. However, if the fault lies with the driver or owner of another car, you would file a claim against their insurance policy. The claims mentioned above are called a “third party” claim because you are making a claim against another person’s insurance policy. There are scenarios where you may have to make multiple claims. For instance, if both drivers are at fault, you may pursue a claim against the other driver if they have insurance.

What if the driver or owner is family or a close friend? Unfortunately, if you are seriously injured in a car accident, you will likely incur a significant amount of expenses. The responsible person’s insurance company should pay for your medical bills, related losses, pain and suffering, and other expenses caused by the accident. The circumstances of the accident and severity of injuries and losses sustained will determine the amount of your damages.  The amount of available insurance coverage often will determine the amount of compensation you receive.

If you are ever in a car accident, seek medical attention before anything else. If possible, collect the names, license plate numbers, and insurance details of everyone involved in the accident. Also, be sure to take photographs of the scene of the accident and surrounding area.  Next, contact a personal injury attorney to discuss your options. An attorney can help settle the case, and if needed, will go to trial to protect your rights and ensure you receive full compensation.

Protect yourself, protect your rights. When you seek legal advice, your chances of receiving full payment for your injuries and losses increases substantially. The attorneys at Kershaw, Cook & Talley will fight for your rights and walk with you every step of the way throughout the complex legal process.

UPDATE: 18 Year Old Arrested in Fatal Hit and Run

Photo Courtesy of the Sacramento Bee

Photo Courtesy of the Sacramento Bee

UPDATE:  18 Year Old Arrested in Fatal Arden-Arcade Hit and Run

Authorities have arrested 18-year old Sabina Carillo in connection with the hit and run collision that killed 54-year old pedestrian Stephen Vuletich yesterday morning.  Thankfully, a friend of the suspect persuaded her to turn herself in, according to Officer Chad Hertzell of the California Highway Patrol.  Based on the timing of her arrest, Ms. Carillo will likely be arraigned Monday in Sacramento Superior Court.

Our hearts go out to the loved ones of this tragedy.  We applaud the good samaratin for persuading her friend to do the right thing and turn herself in.  Hopefully, justice will be served and all those affected can get closure.

Winter Driving Tips

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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