What’s the Difference Between an Attorney and a Trial Attorney?
July 3, 2024 | Sagi Shaked | Personal Injury
There are many different types of professionals working in the legal field and trained to help clients with a variety of concerns. If you’re going through a divorce, you’ll want an experienced divorce lawyer. If, on the other hand, you’ve been injured in a car accident, you wouldn’t want a divorce attorney handling your case.
You must also decide whether you want to hire a litigator or a trial attorney. What’s the difference between these two types of legal professionals, and which is right for you?
Trial Lawyers vs. Litigators
Litigation is an area of law that focuses on dispute resolution. Parties involved in a legal dispute may initially attempt to negotiate a settlement out of court, but sometimes, filing a lawsuit becomes necessary.
However, not all attorneys have experience taking cases to court and all the way to trial. Insurance companies note when a claimant is represented by a trial attorney and may increase their settlement offer on that fact alone (more on this below).
As a result of these circumstances, it can benefit you to hire a trial attorney even if your case doesn’t make it to court.
What To Look for in a Good Trial Attorney
As with any good lawyer, you’ll want to learn about experience. Does an attorney have a strong track record of wins in your type of case, whether you were involved in a rear-end crash or you’re dealing with a wrongful death suit?
Does a lawyer have strong communication skills and empathy that make you feel comfortable and confident about the services you’ll receive? Answering these questions will help you choose the attorney that meets your needs and preferences.
What Type of Lawyer Should You Hire?
There is some strategy involved in choosing one type of lawyer over another. Most tort cases, where a person is wronged by another person or entity, end in a settlement or voluntary dismissal.
Based on that, you might think the best option is to hire a litigator skilled at negotiating a settlement without a trial. However, this could be a strategic mistake.
Insurance companies are not looking out for your best interests. They want to settle on the lowest number you will accept, and you need an attorney who will negotiate for a fair settlement on your behalf.
When insurance providers find out they’re up against a litigator, they may start with a lower offer or draw out negotiations, knowing your attorney is committed to settling. If, however, you hire a trial attorney, providers must go into negotiations knowing that a trial is much more likely.
Trials are expensive, and there’s no way to know how a jury might rule. This unknown quantity could make an insurance provider more motivated to reach a fair settlement instead of going to trial. This could work in your favor in terms of a compensation offer and quicker resolution.
Choosing Between a Trial and a Settlement
There are many advantages to settling out of court. For starters, a settlement has a clear outcome with a set number for compensation, whereas there are no guarantees when you go to trial. You might receive a larger jury verdict, or you may lose your case and end up with nothing.
Although negotiating a settlement could take weeks, months, or even years, the process is typically faster than a trial.
Many people prefer not to go to trial, but it’s always a good idea to prepare for this outcome, just in case an insurance provider will not negotiate in good faith to reach a fair settlement.
Contact Our Personal Injury Law Firm in Miami, FL
If you’ve been injured in an accident in Miami, FL and need legal help, contact our Miami personal injury lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(305) 937-0191