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Personal Injury Frequently Asked Questions

Can a Personal Injury Attorney Help Me?

Victims of personal injury accidents suffer tremendous personal pain. This leads to a great deal of anxiety associated with their injuries and loss of work, wages, and enjoyment of life. Oftentimes, victims wonder if their case is valid or even worth pursuing.

These doubts, coupled with their pain, can lead to confusion and stress. This is why seeking the advice of a trustworthy personal injury attorney is so important. It can ease the pain and help a victim find solace.

Most importantly, an attorney can guide the victim through the process. If you or a loved one has been the victim of personal injury in Orange County, legal assistance can be of great use.

A personal injury lawyer knows the intricate details of the law, putting their expertise into helping you seek the benefits and compensation that you deserve.

Yes, speaking to an attorney ensures you understand your rights, the value of your case, and how to proceed to protect your interests.

Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. Fees are typically a percentage of your settlement.

Yes. In California, it’s the law that in order to sue another driver who is at fault for your injuries, you must carry liability insurance. If you are uninsured, you can only recover your medical bills and out-of-pocket costs. In order to get reimbursed for your “pain and suffering” you must carry liability. It is also helpful if you carry medical payments coverage, to utilize that coverage to pay for needed medical attention.

The statute of limitations in California for personal injury cases is two years from the date of the accident. In the case a governmental entity is involved, the deadline is 6 months.

The timeline varies, depending on the complexity of the case and whether it settles out of court. It can take anywhere from several months to a couple years.

Wrongful Death Frequently Asked Questions

What is a Wrongful Death Claim?

A wrongful death claim is a lawsuit filed by surviving family members when a person dies due to someone else’s negligence or intentional conduct.

The timeline depends on the complexity of the case and whether it goes to trial. It can take several months to a couple years to resolve.

The statute of limitations in California is two years from the date of death.

Legal Malpractice Frequently Asked Questions

How Long do I Have to Bring a Legal Malpractice Claim?

It is normally one (1) year from the time you terminated your relationship with your former attorney. It may be longer if the legal malpractice wasn’t discovered and there was no reason for it to be discovered for a period beyond one (1) year. In that situation, the one (1) year period begins to run on the date the malpractice was discovered or the date the malpractice should have been discovered.

Because the time to file a legal malpractice case is limited, you should contact an experienced legal malpractice attorney immediately. There are often many lingering bad feelings when matters don’t go well, and one is getting input from family and friends. Thus, you are better off speaking to a malpractice attorney to determine whether you have a case.

Yes, we cannot and will not disclose your legal matter with the attorney you are thinking of suing. We adhere to the highest ethical standards.

You can be sure that you will receive an honest evaluation from a responsible legal malpractice attorney. This is a specialty area of law, and attorneys who practice in it are interested in getting results for their clients.

We provide the care, comfort, and counseling that you need to understand the legal process, as well as zealous representation in the courtroom.

If you have not obtained a copy of your file from your former lawyer, your new one will handle everything.

Attorneys practicing in the State of California are required to carry malpractice insurance or notify their clients at the beginning of their representation that they do not have insurance. Most attorneys have insurance, however, the amount varies by attorney.

Generally, legal malpractice attorneys charge a fee of 40% of the gross recovery.

This may be hard, especially if you just had a bad experience with an attorney. However, not all attorneys are the same. We adhere to the high standards and professionalism expected of lawyers. Legal malpractice claims can be complicated, and you will need assistance from a lawyer. Hopefully, talking to us will restore your confidence.

Please call us at 714-835-7000 to get answers to your specific legal malpractice questions.

Many legal malpractice attorneys render their services on a contingency basis. If they win, they take a percentage of your settlement or judgment. If not successful, no money is owed.

Most legal malpractice attorneys advance the costs associated with filing the lawsuit and retaining experts. The attorney will get reimbursed from the proceeds of the money received through settlement or judgment.

Legal malpractice cases attempt to put you where you would have been if the mistake had not occurred. You may be entitled to damages for a benefit you lost or did not obtain because of a lawyer’s mistake. Or you may be entitled to damages for an amount of money you lost or had to pay because of your attorney’s mistake. You may be entitled to recover the damages you should have received in your underlying case (such as a car accident or breach of contract case) had your attorney not acted negligently.

Lawyer malpractice cases are time-consuming, complex cases that involve serious time commitments and expense. Therefore, it often is not economically feasible to pursue legal malpractice claims when the damages, although real, are minimal.

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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.

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Legal Malpractice

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.

Vehicle Accidents

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:

  • Car Accidents – Fighting for compensation after distracted, drunk, or reckless driving crashes.
  • Motorcycle Accidents – Protecting riders from the unique risks they face on California roads.
  • Truck Accidents – Handling complex claims involving commercial trucks, federal regulations, and catastrophic injuries.
  • Rideshare Accidents – Navigating Uber and Lyft insurance coverage for passengers, pedestrians, and other drivers.
  • Uninsured/Underinsured Motorist Claims – Helping victims recover even when the at-fault driver lacks sufficient coverage.

Dangerous Property Conditions

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:

  • Slip and fall accidents
  • Defective stairs, steps, and handrails
  • Electrical and gas fires or explosions
  • Dog Bites

These cases often involve complex building codes and expert testimony, and we have the experience to prove liability and get justice for you.

Wrongful Death

Helping families pursue justice and financial recovery after losing a loved one.

Traumatic Brain Injuries (TBI)

Life-changing head injuries requiring specialized medical and legal expertise.