What’s the Difference Between an Attorney and a Trial Attorney?

Bill Allen | July 2, 2024 | Personal Injury

What’s the Difference Between an Attorney and a Trial Attorney?

You’ve been injured in a slip and fall accident, and you need an attorney – but what kind? If you’ve ever watched television, you know there are trial lawyers, litigators, defense and prosecution lawyers, and people who practice corporate law. Are they all the same thing, and can one lawyer wear all those different hats? 

The short answer is no. Not every lawyer is qualified to fulfill every person’s legal needs. If you need legal representation for any reason, making sure you hire the right person for the job will greatly increase your chances of success. 

What Is a Trial Attorney?

The term “attorney” is a general term that includes all types of lawyers. Not all attorneys are trial attorneys, but all trial attorneys are attorneys — much in the same way, not all rectangles are squares, but all squares are rectangles. 

Trial attorneys are attorneys who have specialized in client advocacy and gained experience in the courtroom. A trial attorney may help a client reach a settlement and avoid a court trial when it’s in the client’s best interests, but they are also prepared to go to court when needed. 

The skills needed to win a case in court are different from those needed to negotiate an out-of-court settlement. Attorneys without trial experience may be more inclined to settle a case even when going to court is the best option. 

If you’re dealing with a major case such as catastrophic injury or wrongful death, settling out of court could mean thousands of dollars less being awarded to the plaintiff (victim). Hiring a trial lawyer will give you the best chance for fair and just compensation if you or a loved one has been injured due to someone else’s negligence. 

It’s estimated that around 95% of all civil cases reach a settlement without going to trial. That doesn’t mean it’s not necessary or not a good strategy to hire a trial attorney. Knowing that an attorney is skilled at and not intimidated by the idea of going to trial may prompt a defendant to reach a more satisfactory agreement. 

When To Hire a Trial Attorney

Trial attorneys represent clients in civil cases (disputes where no crime is involved). Civil disputes may involve landlord/tenant claims, fraud, medical malpractice, or personal injury cases such as a motorcycle accident. Florida leads the U.S. in civil lawsuits with over 59,000 cases filed each year.

Personal injury civil suits may include:

Criminal cases that require a trial lawyer can be complex and include things like violent and sexual assault.

What Affects the Outcome of a Civil Lawsuit?

Many factors can affect the amount a person receives in a civil settlement. Having a capable and experienced attorney is one of the most important factors. The severity of a person’s injuries and the effect those injuries have on their life have a major impact on the amount awarded. 

Other factors include emotional and psychological damage and the duration of treatment needed for injuries and/or damage. A trial attorney will advocate for their client’s rights throughout the process, even if the matter doesn’t go to trial. 

Do You Need a Trial Lawyer?

If you’ve been injured in an accident you didn’t cause, you may benefit from the experience of a trial attorney. Don’t sign any agreements or take compensation from an insurance company without consulting a personal injury lawyer first. Most offer free consultations and will not take your case unless they feel confident they can win. 

Contact Our Gainesville Personal Injury Law Firm in North Central Florida

If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258