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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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I was Injured by a Drunk Driver, What do I Do?

  America has a drinking problem. Alcohol related deaths are the fourth leading preventable cause of death in the United States; and every two minutes, a person is injured in an alcohol related crash. Although drunk driving is a crime

What is a Mass Tort?

Most people have heard the term class action. In fact, there were many in the last few years. The term mass tort, however, is seldom heard outside of the legal community—although these types of cases are equally as popular. So, what is a mass tort?

A mass tort is a type of civil litigation that works similarly to a typical negligence or personal injury suit—just on a much larger scale. Mass torts commonly involve a large number of plaintiffs suing a common defendant. The injured plaintiffs may have the same type of injury, or varied injuries, that arose from the wrongdoing of the same defendant. Often, mass torts will arise when multiple people are injured by the same defective product—like pharmaceuticals, medical implants, or cars.

The key difference between mass torts and class actions is that plaintiffs in mass tort actions are treated as individuals, and must prove certain facts particular to their case in order to prevail; whereas plaintiffs in class actions are treated as a singular class represented by a class representative and oftentimes do not need to prove any facts particular to their case. Class actions require common questions of law and fact for the entire class and that each member suffered the same typical type of injury. Mass torts are more common where the injuries suffered by each plaintiff are unique and the facts of each case differ, so it would be fairer to represent each person individually.

Joining all the injured plaintiffs together in a mass tort proceeding alleviates some of the burden on the courts. Instead of hearing hundreds of individual cases,  one court can preside over many cases in one coordinated proceeding allowing the two sides to litigate the case more efficiently.

Mass torts are extremely large and complicated civil actions—so it is important for legal counsel to have experience in these types of cases. Kershaw, Cook & Talley has recovered over $1 billion in mass torts, class actions, and other complex civil litigation matters. Call our office at 888-997-5170 for a free case evaluation today.

What is a class action lawsuit?

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Most people have heard of a class action, either due to large jury verdicts in the news or settlement notices of their own involvement arriving in the mail. However, most people are likely not aware of the structural requirements that distinguish class actions from other types of lawsuits. Below are a few basic traits.

The modern version of the class action was created in 1966 by the drafters of the Federal Civil Rules Advisory Committee, which is in charge of designing the structure of the rules of civil procedure in federal courts.

The Supreme Court has spoken to the benefits of class actions, including:

Rule 23 of the federal rules of civil procedure governs class actions, and has four basic prerequisites. The class must be so numerous that joinder of claims is impracticable, include questions of law or fact common to all class members, include claims or defenses by the representative parties that are typical of the claims or defenses of the class and be represented by parties that will fairly and adequately protect the class’s interests.[1] In shorthand, these requirements are known as numerosity, commonality, typicality and adequate representation. California’s rule for class actions in state court is similar, governed by California Code of Civil Procedure section 382.

Before a potential class can go forward, the class must be certified. Class certification requires proving the above four elements, as well as an adequate class definition, ascertainability of class members and classification of the class action as one of three types of classes under rule 23(b). Thus, many classes fail at this stage because they lack one or more requirements. This is also a critical difference between class actions and mass torts: mass torts are not subject to these procedural requirements and, as a result, allow people with a variety of injuries to be included.

[1] Fed. R. Civ. P. 23.

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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