The Role of a Litigation Lawyer in Handling Civil Lawsuits
May 13, 2022 | Sagi Shaked | Personal Injury
Litigation is the process whereby one party files a complaint in civil court alleging various wrongdoing by another party. The other party can respond to the complaint. The matter may be settled between the parties before trial or proceed to a resolution by trial.
Continue reading to learn what a litigation attorney is and their role in a personal injury lawsuit.
What is a Litigation Lawyer?
A litigation lawyer handles lawsuits from start to finish.
Generally, a litigation attorney representing injured victims is called a plaintiff’s lawyer. The plaintiff is the party who files the lawsuit seeking compensation for damages caused by an accident or injury.
The defendant is the party being sued. They are the alleged at-fault party who caused the plaintiff’s injuries. Litigation lawyers who represent defendants are generally referred to as defense lawyers.
Personal injury cases are civil actions. Generally, a jury hears the evidence presented by both parties and issues a verdict.
Most personal injury claims settle without going to court.
However, when hiring a personal injury lawyer in Miami, FL, it is best to choose an attorney who is an experienced litigation lawyer and a successful settlement negotiator. You never know when a case could go to court because an insurance company or other defendant refuses to negotiate a reasonable settlement for an insurance claim.
What Are the Qualities of a Good Litigation Lawyer?
When you choose a personal injury lawyer to handle your claim, keep the following qualities in mind:
- Effective listening skills
- Strong communication skills
- Exceptional “bedside manner” (i.e., charming and easily captivates listeners)
- Good organization skills
- Calm and collected demeanor
- Track record of winning cases at trial
- Knowledge of the rules of evidence and court rules
- Projects confidence
- Strong negotiation skills
In addition to the above skills, you should choose a litigation lawyer with a good reputation and a great deal of experience in the area of law in which your case falls. Having a good reputation in the legal community means that opposing lawyers and insurance companies will take your case seriously.
Hiring the right attorney may encourage the other party to negotiate a fair settlement.
What Does a Litigator Do in a Personal Injury Case?
Even though many personal injury cases settle out of court, litigators are essential during the entire claims process. First, a litigation lawyer investigates the cause of your injury. Then, the attorney carefully analyzes each factor to identify the at-fault parties and prove that the parties are liable for your injuries.
A litigator looks at the case from the perspective of going to trial. What are the weaknesses and strengths of the case? The litigator also gathers as much information about the other side’s case to analyze the weak and strong points in their case.
Experienced injury lawyers understand how to build a case to gain maximum value for damages. Your lawyer works with you, your physicians, and others to document your damages and maximize the amount you can receive for your personal injury claim.
The goal of a litigator is to settle the dispute in the best manner possible for the client. Therefore, the client’s best interest is always the guiding factor during all aspects of a personal injury case.
Therefore, a litigation lawyer tries to settle the claim without filing a lawsuit. Settling a claim through negotiations is generally less costly and quicker than filing a lawsuit and going to court.
However, if an injury claim cannot be settled between the parties, a litigation attorney is prepared to file a complaint and argue the case in court.
What is the Role of a Litigation Lawyer in a Personal Injury Case?
The phases of a personal injury case that a litigation lawyer handles include:
- Gathering evidence
- Documenting damages
- Making an initial offer or responding to an initial offer
- Settlement negotiations
- Negotiating medical liens and subrogation claims
- Preparing a settlement agreement, receiving settlement funds, and disbursing funds
If the other party refuses to agree to a fair settlement amount, the litigation lawyer files a complaint with the court. The insurance company for the at-fault party generally hires a lawyer to defend the lawsuit.
What Are the Steps of a Personal Injury Lawsuit?
The steps in a lawsuit include:
- Filing pleadings
- Settlement negotiations and/or mediation
Each personal injury case is different. Complicated cases may require hiring expert witnesses to assist in proving fault and calculating damages. A case may involve multiple defendants, class actions, or multi-district litigation.
It is crucial to hire a Miami personal injury lawyer who has experience handling personal injury cases. The insurance company has a team of people working to protect it from liability. Likewise, you deserve to have a legal team working to protect your right to fair compensation for all damages.