Jason Stephens | April 27, 2022 | Personal Injury
If you have ever watched a courtroom drama on TV, you likely have an idea of what a litigation lawyer in action looks like. While it’s true that they passionately argue your case in court, that is only scratching the surface of a litigation lawyer’s role in handling civil lawsuits.
Behind the scenes in real life, a litigation lawyer is an expert at strategically winning you the best possible outcome in a civil lawsuit both in and out of the courtroom.
What Is a Litigation Lawyer?
The idea of going to battle in a lawsuit can be overwhelming when it can already feel like a battle just to get through the day after a serious accident. That’s what a personal injury litigation lawyer is here for.
A litigation attorney, also known as a litigator or trial lawyer, is a lawyer who manages every detail of the trial process so you don’t have to. This includes court procedures, investigating the facts and law of your case, settlement negotiations, and if it comes down to it: Going to battle in the courtroom for you.
The goal of a litigation lawyer is to be your biggest advocate and get you the compensation you deserve.
What Does a Litigation Lawyer Do?
A litigator’s role in a personal injury lawsuit can be divided into five basic stages:
- Investigation: Initial Case Evaluation
The investigation stage typically starts with a free consultation in which a litigation attorney compassionately listens to your story and makes an initial evaluation of whether to take on your case. After taking on a case, a litigator deep-dives into gathering all the potential facts and legal issues to start building your case.
During the investigation stage, a litigator often develops their legal strategies and attack plan before setting a civil lawsuit into motion. This is because the most experienced litigators know that preparation is key to winning a battle before it is even fought.
Thus, personal injury claims can often be settled in the investigation stage and skip the courts altogether.
If you decide to move forward with filing a personal injury lawsuit, the next stage is the pleadings. In this stage, a litigation lawyer drafts all the accusations against your opponent (the defendant) into a formal document called a complaint which officially sets a civil lawsuit into motion.
The pleadings determine the first impression your case will make on the court and your opposing party. Therefore, choosing a litigation lawyer who truly cares about presenting the best case possible is one of the most important choices you can make for the highest chance of succeeding on your personal injury claims.
The discovery stage is where a litigation attorney gathers the evidence they are going to present at trial. A litigator’s role during discovery includes taking depositions and making discovery requests. During discovery, an experienced personal injury litigator is able to fine-tune their trial strategy by predicting the strengths and weaknesses of the evidence the other party intends to use at trial.
- Settlement Negotiations
A settlement can occur anywhere from before a lawsuit is filed to in the middle of trial.
While the movies might make you think that litigators thrive on long, drawn-out conflicts, the main goal of a litigation attorney handling a personal injury case is balancing justice with getting closure for their client in the most time-efficient manner.
Therefore, negotiating a fair settlement agreement with the other side is one of the biggest roles of a litigation attorney. However, this is never at the expense of making sure you get the full amount of justice you deserve for all you have been through.
While most personal injury cases are able to reach a settlement before trial, not all do. The trial stage is by far the most intense stage of a personal injury lawsuit. The ultimate goal of a litigation attorney at trial is to convince the jury to decide in their client’s favor.
The role of a litigator at trial can be likened to composing a symphony. Some of the most important tasks of a trial attorney include:
- Moving the jury with a compelling, well-organized opening and closing statement
- Mapping out how the facts and elements of law fit together for the jury
- Examining witnesses and experts on the stand
- Poking holes in the opposing party’s case
- Presenting evidence in a way that keeps the jury engaged
- Making arguments for why an objection should be overruled or sustained
- Being prepared for the unexpected.
In the end, either a judge or jury will decide the outcome of the case.
Consider Hiring a Litigation Lawyer
Because the stakes of proving a case well enough to win a jury award are so high, going with a seasoned trial lawyer to handle your personal injury case is well worth it. Most law firms offer a free initial consultation to hear about your case as well.
Contact Our Personal Injury Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107