Sacramento Personal Injury Lawyers
Put 100+ Years of Combined Experience On Your Side - Call (916) 520-6639
If you’ve been injured in an accident that was caused by another party’s negligence, you should not hesitate to turn to the trusted team at Kershaw Talley Barlow. Our Sacramento injury lawyers are backed by decades of experience and have resolved thousands of personal injury cases resulting in 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.
How Can a Personal Injury Lawyer Help Me?
Suffering a serious injury from the negligent or reckless actions of another person is a traumatic experience. You may be feeling overwhelmed by the amount of paperwork and negotiating required to get a settlement from the insurance company, and at the same time, stressed about missing work and the amount of medical bills you must now pay. On top of all that, you are dealing with the emotional and physical pain of your injury. But you don't have to go through this alone.
With a trusted Sacramento personal injury attorney on your side, you can focus on what's most important: your recovery. Our experienced team can handle all aspects of your case, including:
- Filing paperwork for your claim and ensuring you meet all requirements and deadlines
- Obtaining evidence such as police reports, witness statements, and expert testimony
- Negotiating with the insurance company on your behalf
- Taking the negligent party to court if a fair settlement cannot be reached.
Watch the video below to learn more about our firm.
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 main types of damages you may be able to recover: economic and non-economic.
Economic damages are the most common type of damages and their purpose is to reimburse the injured person for expenses related to their injury, including:
- Medical expenses
- Lost wages
- Loss of future earning potential
- Cost of in-home care services and equipment
- Vocational rehabilitation
Non-economic damages relate to costs outside of the financial expense of the injury, such as:
- Pain and suffering
- Loss of enjoyment of life/quality of life
- Loss of companionship/consortium
Another type of damages that are sometimes awarded in personal injury cases punitive damages. 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.
To fully understand the potential value of your case, contactour personal injury attorneys in Sacramento. We can review your case in a free, no-obligation consultation.
What steps should I take after an Injury?
It is important to contact a Sacramento injury attorney you can trust as soon as possible after an accident. Before you call, make sure that you have gathered as much evidence as possible so that your attorney can begin building your case.
Here’s what you should do after an accident in order to support your personal injury claim:
- Take notes: The best way to remember the important details after suffering an injury is to write down anything you can remember about what occurred, when it occurred, and how it occurred.
- Write down the information of any witnesses: It is important to gather contact information from witnesses who saw you get hurt or anyone involved in the incident that led to your injury.
- Take photos or videos: Taking photos or videos of the scene can be invaluable - if you can do so safely, take pictures of your surroundings, any property damage, and any visible injuries.
- Seek medical attention: Be sure to visit your doctor promptly after an accident, even if you don’t immediately feel hurt. Any significant delay in treatment can not only hinder your physical recovery but your legal recovery as well, as it could suggest that you aren't really as injured as you claim.
- Follow your doctor's advice: If you don’t follow your doctor’s instructions, this may be misconstrued by an insurance company as negligence on your part, which may jeopardize your claim.
- Contact an attorney: 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, and present the claim in an organized and persuasive manner to maximize your recovery. If necessary, your attorney can file a lawsuit on your behalf and litigate the case all the way through trial if that’s what justice requires.
You shouldn’t fear the legal system and you don’t have to go through it alone. Our personal injury lawyers at Kershaw Talley Barlow have the legal acumen you can count on when facing difficult matters resulting from someone else’s negligence.
Have questions about your case? Contact our Sacramento personal injury lawyers today to discuss your situation during a free consultation.
What is a personal injury lawsuit?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. Personal injury lawsuits provide a way for victims of preventable accidents to recover compensation for damages like medical bills, lost wages, property damage, and more. In order to be successful, the plaintiff (the injured person bringing the lawsuit) needs to prove that the actions or inaction of the defendant (the person accused of negligence) were to blame for their accident.
Does my injury qualify for a personal injury lawsuit?
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, physical, financial, emotional, etc.
- Causation – This requirement means that a defendant’s breach of duty must have caused the plaintiff harm. There are two types of causation that typically must be shown: 1) actual causation, meaning that, but for the defendant’s breach, the 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.
To fully understand your rights after suffering an injury, contact Kershaw Talley Barlow at (916) 520-6639. Our Sacramento personal injury attorneys can provide you with a free case evaluation.
How many personal injury cases go to trial?
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.
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.
Can I still file a claim if I was partially at fault?In states that recognize the “pure comparative fault” rule, injured parties may recover damages even if they were 99% at fault. Under this rule, the plaintiff's recoverable damages are proportionally reduced by the percentage they are at fault. So, if you were 70% at fault in a crash and suffered $100,000 in damages, you could still recover $30,000 from the other driver. Approximately 1/3 of states have adopted pure comparative fault—including California.
Can I afford a personal injury lawyer?A big concern for many people when considering hiring an injury lawyer is that they may not actually be able to afford their attorney fees, especially if their injuries prevent them from working for a long period of time. The good news is that personal injury lawyers operate on what's known as a "contingency fee basis." This means that unless we recover compensation for you, you won't have to pay any attorney fees. We only win if you win! Additionally, our fees will be deducted from the settlement that you receive as a percentage, therefore you won't be paying anything out of pocket. Want to learn more about how we get paid? You can reach out to our team today for a free consultation and discuss your case!
I am thankful to Kershaw Talley Barlow, and I would highly recommend them to my friends and family.
“I am thankful to Kershaw Talley Barlow, and I would highly recommend them to my friends and family. Bill Kershaw and his staff are very knowledgeable and cared about my well-being.”
Very thorough and knowledgeable. Explained everything to me in great detail. I feel that they actually cared about me.
“Great firm. Was always able to reach them or receive prompt return call. Very thorough and knowledgeable. Explained everything to me in great detail. I feel that they actually cared about me.”
Recommend Him and His Firm Highly
“I’ve been very pleased with Stuart Talley's service with an ongoing lawsuit against a major corporation and recommend him and his firm highly.”