After you have retained Traut Firm, we will collect information from you, including driver’s license, health insurance card, Medicare and/or Medi-Cal cards, declaration page of your auto insurance, and any other documents you have collected that are relevant to your matter.
We send out the necessary representation letters to insurance companies. We will order a copy of the Traffic Collision Report.
Our attorneys are working to uncover all potential sources of recovery (insurance) and running policy limits on the defendant. We also promptly file a lawsuit.
At this stage, we will investigate the case and look for other potentially responsible parties, as well as look for helpful pieces of evidence that may not last for very long (i.e., scene videos, witness identification and statements).
During this phase, your focus is on following your doctor’s recommendations and working on feeling better.
Shortly after you retain our law firm, you will be contacted regarding your injuries and the treatment you have already received and follow-up treatment. We understand that some people may not have access to medical providers or insurance to cover the costs. If that is the case, we can arrange treatment for you with first-rate healthcare providers who will defer payment until we win.
It is essential to allow your body sufficient time to heal. This looks different for everyone, as the same injury can heal at different speeds for different people.
Because settlement is a one-time deal, it’s crucial to settle at the right time. If settled too early, one risks needing future medical treatment and not getting the proper funds from a settlement to pay for it.
After your treatment is completed, or when you have completed enough treatment that we can demand the defendant’s policy limit, your story is told to the defendant’s insurance company.
To reach this point, we gather all medical records and bills from doctors and medical facilities visited for your incident-related care.
In the demand, we tell the insurance company how the incident occurred, why the insured is at fault, the types of injuries you sustained, the medical treatment you received, the medical expenses you incurred, and how your injuries affected your life. We also include any wage loss you might have incurred because of your injuries.
Once the insurance company attorneys have reviewed our demand, they generally come back with their initial offer. This offer is typically quite low, as insurance companies are in the business of keeping their money.
After going back and forth, we will eventually reach their “top” offer amount. This is the number they value your case and are willing to pay.
A major difference between Traut Firm and other lawyers is that we have immediately filed a lawsuit. So, by the time we are negotiating a settlement, the insurance carrier has been bleeding money paying thousands of dollars to defense attorneys in litigation.
So, the insurance carrier is eager to settle because it wants to stop the ongoing financial cost of paying defense attorneys. This leverage puts you in a position to achieve a settlement offer from the insurance carrier.
When the insurance carrier offers what your attorney believes is fair compensation, the amount of the offer will be discussed with you, along with the reasons you should consider accepting it.
As always, we are there to offer our advice. But ultimately, the decision is yours. At this point, you will decide to accept the settlement offer or proceed through the litigation to trial.
If you’ve been injured in an accident, harmed by unsafe property conditions, or wronged by a negligent attorney, don’t wait to protect your rights. Evidence disappears quickly, and strict time limits apply to every case.
Litigation begins when the Complaint is filed. At Traut Firm, that is immediately after being retained.
Once a Complaint is filed, a copy of it is served on the defendant. The insurance company’s attorneys have 30 days to file “Answer.”
Then, the “discovery” phase begins, during which both sides gather evidence on their own and request any evidence in the other side’s possession. Discovery consists of:
1. Interrogatories – Questions about you, insurance coverage, medical information, prior injuries, and your version of how the incident happened.
2. Requests for Production – Production of certain documents.
3. Requests for Admissions – Statements that “admit” facts or issues in the case.
4. Party and witness depositions – Depositions may be taken of plaintiff and defendant, as well as police officers, witnesses to the accident, character witnesses, doctors, and expert witnesses.
5. Defense Medical Examination – When you claim injuries, defendants have the right to request a medical examination by a doctor of their selection.
There are times the parties feel the case might be settled with the help of an independent professional, called a Mediator.
Mediation is a formal process that often helps resolve cases without a trial. Our team prepares a Mediation Brief and represents you at the Mediation, guiding you through the process.
The court also sets a “Settlement Conference,” prior to trial. The Settlement Conference is a process that requires the plaintiff and his attorney to attempt to settle the case prior to the extensive work involved in taking a case to trial.
If you accept a settlement, we’ll take care of your final paperwork. These funds are generally disbursed within 30–60 days of settlement. We make sure you understand the terms and that your settlement is favorable.
When the parties cannot agree on a settlement amount, the case must go to trial. Trial is a formal process where both sides argue their case, a judge makes decisions about the law, and the jury makes the ultimate decision about how much money, if any, the plaintiff is entitled to receive as a result of the incident. A trial usually lasts five to seven days.
If you’ve been injured in an accident, harmed by unsafe property conditions, or wronged by a negligent attorney, don’t wait to protect your rights. Evidence disappears quickly, and strict time limits apply to every case.
Call Us Today for a Free Consultation (714) 835-7000.
Not every lawyer delivers the representation clients deserve. When attorneys fail to meet deadlines, provide inadequate advice, mishandle cases, or create conflicts of interest, the consequences can be severe. At Traut Firm, we are among the few firms in Orange County that specialize in legal malpractice litigation. We hold negligent lawyers accountable, helping clients recover damages for the harm caused.
From busy freeways to local streets, Orange County sees thousands of serious collisions each year. Our attorneys represent victims of all types of motor vehicle accidents, including:
Property owners are legally obligated to maintain a safe environment on their premises. When they fail, people get hurt. Our premises liability attorneys represent victims injured by hazards such as:
These cases often involve complex building codes and expert testimony, and we have the experience to prove liability and get justice for you.
Helping families pursue justice and financial recovery after losing a loved one.
Life-changing head injuries requiring specialized medical and legal expertise.
