Personal Injury Lawyers in Sacramento
Put 100+ Years of Combined Experience On Your Side
If you’ve been injured in an accident that was caused by another person or party’s negligence, you should not hesitate to turn to the trusted team at Kershaw, Cook & Talley. Our Sacramento personal injury attorneys are backed by decades of experience and have recovered over $1 billion in verdicts and settlements for our clients.
Our firm prioritizes the needs of our clients – from the moment you sit down with us, you will see firsthand that we are personally invested in the outcome of your case. We have the necessary skills and are equipped to handle even the toughest cases.
Kershaw, Cook & Talley is a Sacramento personal injury law firm representing clients nationwide. Our attorneys have handled and resolved thousands of personal injury cases resulting from all types of intentional or negligent conduct. We also represent hundreds of individuals throughout the country who were injured by defective medical devices or dangerous drugs with undisclosed, harmful side effects.
Don't wait to get help! Call us at (916) 520-6639 to schedule a free, no-obligation consultation to discuss your case with an attorney today.
What do I need to prove in a personal injury case?
Personal injury cases refer to those cases in which a person is . A personal injury action is a civil lawsuit that seeks to recover compensation for the harm caused, either physically, mentally, or emotionally, by another’s negligence.
Common types of personal injury cases include car accidents, motorcycle accidents, accidents resulting from dangerous conditions on a property, and injuries caused by defective or recalled medical devices.
In order to file a personal injury case for negligence, you must meet the four following criteria:
- Duty – In order to successfully bring a case against a defendant, the plaintiff must show that the law imposed a “duty” on the defendant to act a certain way. This “duty” is an obligation to act as a “reasonable person” would act, and courts have illustrated how a “reasonable person” would act in a variety of specific circumstances. For example, a manufacturer of a product has a “duty” not to release products that can foreseeably cause harm to consumers.
- Breach – This requirement simply means that a defendant must have failed to act as a reasonable person would have acted in his or her circumstances, and thereby breached his or her duty.
- Harm – This requirement merely means that the plaintiff must have suffered some kind of real harm, financial, physical, or otherwise.
- Causation – This requirement means that a defendant’s breach of duty must have caused the plaintiffs harm. There are two types of causation that typically must be shown: 1) actual causation, meaning that, but for the defendant’s breach, plaintiff’s harm would not have occurred, and 2) proximate causation, meaning that the link between the defendant’s breach and the plaintiff’s harm must not be ‘stretched too thin’ by intervening events or other factors.
What types of damages can I recover with a Personal Injury Lawsuit?
If you have been injured due to someone else’s negligence, there are two types of damages you may be able to recover: compensatory and punitive.
- Compensatory damages are the most common type of damages and their purpose is to make the injured party “like whole again.” Compensatory damages can include: medical expenses, lost wages, pain and suffering, physical disfigurement, and other economic or non-economic losses sustained because of the injury.
- Punitive damages, on the other hand, are less common. Their purpose is to punish the negligent party and deter them from engaging in similar conduct in the future. Since punitive damages are not intended to compensate for any loss, they are awarded sparingly—only when the circumstances call for it. Generally, a court will consider whether the wrongdoer acted with malice, fraud, or a willful disregard for human life. However, it can be relatively difficult to prove malice in negligence cases. Similarly, courts are more willing to award punitive damages if the tort was committed intentionally (like battery).
Punitive damages are not always awarded to the injured party, since they aren’t intended to compensate the victim for any actual harm. Some jurisdictions require punitive damages to be paid directly to the court or to a charitable victims’ fund—although this too isn’t all that common.
Have questions about your case? Contact our Sacramento personal injury lawyers today to discuss your situation during a free consultation.