The terms trial lawyer and litigator are used to describe the strength areas of injury attorneys in Nevada. A trial lawyer has the skills to effectively present a case in court, and a litigator excels in researching a case, building legal arguments, and negotiating. Lawyers may perform all of these functions competently, but they adopt the label of a trial lawyer or litigator to communicate their strongest talents.

Understanding the distinction between a trial lawyer and a litigator helps you decide who to hire to represent your accident claim. As you research Nevada personal injury attorneys, pay attention to how they promote themselves and if their skills are best suited to the challenges that you may face while seeking damages for your injuries.

Strengths of a Trial Lawyer

A trial lawyer has exceptional communication skills. People in this position understand how to deliver factual evidence in a way that provokes an emotional response. This is important because emotionalism helps jurors remember the information and feel sympathy for a victim of negligence.

When preparing a case for trial, trial lawyers strategize how to present information so that it builds a clear picture of negligence. All choices about the presentation will be steered by the goals of clarity and creating impact.

A Nevada injury lawyer working in a courtroom will perform many functions, including:

• Select jurors
• Write and deliver the opening statement
• Question witnesses, both friendly and hostile
• Observe courtroom procedures
• Interact with the judge
• Write and deliver the closing argument

Because trial lawyers have a firm grasp of how trials work, they can manage cases efficiently. They have honed their instincts to select evidence that illustrates legal arguments and resonates with jurors. They know how to edit out extraneous information that might confuse the issue in court.
The final strength of trial attorneys is how their opponents perceive them. Injury attorneys in Nevada with reputations as formidable trial lawyers reduce the confidence of insurance companies and other defendants. They will think long and hard about risking a trial, which could inspire them to offer injury victims good settlements instead of going to court.

Strengths of a Litigator

Although a litigator will be capable of presenting a case in court, a trial is not the preferred goal. A litigator works toward winning a settlement through negotiation.

Negotiation is an advanced skill in itself, and a talented negotiator will not necessarily have the highly developed public speaking skills of a trial lawyer. Still, a litigator can focus on something other than persuading a group of jurors. Litigators perform best when digging into the technical details of an accident with insurance adjusters who work in a system of numbers and regulations.
To prepare for settlement negotiations, a litigator documents a case meticulously with the intention of overriding objections raised by an insurance company. Litigators are adept at investigating accidents and writing supporting documentation for insurance claims.

Negotiation involves writing numerous pieces of correspondence as the lawyer and the insurance company go back and forth discussing various aspects of an accident claim. Some people are naturally more suited to the quiet work of letters and teleconferences, which is why they develop their careers as litigators instead of trial lawyers.

Litigators’ duties encompass every aspect of a case, up to and including a trial. The skills that they use to win accident settlements are:

• Investigate accident thoroughly
• Research available insurance coverage
• Develop strong legal arguments
• Write preservation of evidence letters and subpoenas
• Manage complex negotiations
• Write court filings for a lawsuit
• Handle preliminary court proceedings

You should not regard a litigator’s desire to settle through negotiation as a weakness. Negotiations resolve the majority of accident cases. This is usually the desired outcome because it compensates accident victims faster than going through a lengthy and more expensive trial. You also avoid the risk and uncertainty of a trial where a jury might decide against you.

Should I Hire a Litigator or Trial Lawyer for My Accident Case?

As you research Nevada personal injury attorneys, you’ll notice some highlight their litigation skills and others promote themselves as proven trial lawyers. In truth, both types are capable of litigation and trial duties. Being represented by a litigator if your case goes to trial is not necessarily bad. Alternatively, a trial lawyer is perfectly capable of negotiating a settlement.

However, your accident case could have traits that make it more likely to go to trial, such as:
The reputation of the opponent – Some insurance companies are more tenacious than others about denying funds to claimants. Injury attorneys in Nevada become familiar with companies with an above-average willingness to go to court. Should you be seeking damages from a large corporation, the likelihood of that company being able to afford a highly defensive insurer increases. A trial lawyer could be needed if you are facing a tough opponent.

Unclear liability or fault – Accident cases are more likely to go to trial if fault or liability is shared or in dispute. Accidents are often complex events, and both sides might bring in expert witnesses to argue on their behalf. A strong trial lawyer could overcome jurors’ doubts about who was at fault and make a difference for someone who needs to recover damages.

High claim value – If you or a loved one has suffered serious or life-altering injuries, you probably need six or seven figures in compensation. In this scenario, an insurer is very motivated to avoid paying a big settlement, and you can expect to go to trial.

Find the Best Nevada Injury Lawyer for Your Case
The team at Moss Berg Injury Lawyers consists of accomplished trial lawyers and litigators. A law firm like ours brings together all the skills needed to represent accident victims. The combined strengths of our Nevada personal injury attorneys ensure that your case receives the proper attention at every stage, from initial investigation to closing arguments at a trial.

Our litigators know how to enter negotiations from positions of strength and often secure settlements. The contentious cases that go to trial will be in the hands of lawyers who have honed their skills in front of many juries. Let us take a look at your accident case. Contact us for a free consultation today.