Finding the right attorney after you have been in an accident can be tough. You want to hire someone who can look after your rights best. Is it the attorney from the flashy advertisement you just saw on TV? Probably not.
However, you want to find someone who is going to fight for you. What kind of attorney is that? Should it be a trial lawyer or a litigator?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Different Phases of a Personal Injury Case
Once you have been in a car accident and file an official personal injury complaint, you do not automatically head to trial. Quite the contrary, you should expect to not see the courtroom for months if not more. Litigation does not mean you are going to trial.
Most lawsuits settle before trial. It is for this reason that you have two different types of attorneys out there: trial lawyers and litigation lawyers. They are not mutually exclusive by any means, and many attorneys excel at both areas of “lawyering,” but it can make a difference.
What Is a Litigation Attorney?
A litigation attorney is an attorney who prepares the case for trial and does all of the work outside of the courtroom that leads up to the “big day” in court. Litigation attorneys file the initial law suit, they conduct the legal research and gather evidence, meet with the client(s), go to mediation to help resolve the case, take depositions, prepare client(s) for court, and do all other legal work that is otherwise considered “behind the scenes.”
It is through this work that many legal cases are settled prior to trial. Litigation involves a great deal going back and forth with the other side in negotiation and requires extensive knowledge of the subject matter at hand. Attorneys can be litigators in different areas, including family law, estate planning, personal injury matters and more.
What Is a Trial Attorney?
A trial attorney is an attorney who does best in the courtroom. These are the attorneys who excelled with their law school’s moot court team. They can be excellent arguers and are who you want on your side for when it comes time to present your case before the judge and jury.
A trial lawyer will be able to take the case prepared by the litigation attorney or other law firm staff and take it to the judge. He or she will be the person questioning witnesses, arguing the case and objecting when needed to the other side.
Not all trial lawyers are the same, however. Personal injury matters require a certain type of knowledge and skills. An attorney may be excellent at presenting a criminal case before court but have no clue where to even start with a civil matter, such as a car accident.
For this reason it is best you find the right trial lawyer. Find someone who has this specific area of experience and not just generic “courtroom experience.”
Which One Is Better?
One is not better than the other so there is no true way of telling you which one to pick. Honestly, it is best to have both on your team if possible. Hiring a law firm where you have both litigators and trial lawyers will give you the best of both worlds.
However, should you not be able to go that route, it is best to get the attorney’s background and experience before making any hiring decisions. Ask if he or she has any court room experience covering similar types of cases. If you would rather not go to trial, it may be best to start with a litigator who can work through your case and attempt to resolve it through other means of dispute resolution.
You can always hire a trial lawyer if and when your case has to go before a court. Ultimately, it depends on your preferences. Ask around. Research different types of attorneys and meet with them to see who fits your situation best.
Contact an Attorney Today
If you have been in a car accident, it is always recommended you first contact an attorney to discuss your case. He or she will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
