The Role Of A Litigation Lawyer In Handling Civil Lawsuits In New York

Litigation attorneys play a crucial role in the administration of civil lawsuits in New York. These individuals are well-versed in court procedures and rules governing litigation. Without these attorneys, civil lawsuits could not proceed in reality. This blog post explains what a litigation attorney does and how he or she may be able to assist you with your case.

Litigation Lawyer Definition

A litigation attorney represents a client’s interests in court and out of court in legal actions in which the client is involved. These attorneys concentrate on representing clients in civil cases. They may attempt to resolve the dispute outside of court. The U.S. Bureau of Labor Statistics anticipates a 4% growth rate in this industry by 2029, with the addition of 32,300 new jobs.

What Is a Litigation Attorney?

There are numerous types of attorneys who specialise in various facets of the law and the legal process. There are, for instance, criminal defence attorneys, transactional attorneys, appellate attorneys, and general practise attorneys. Litigation attorneys are distinguished from other attorneys by their exclusive focus on litigation and court procedures. They are familiar with the rules governing discovery, motions, and evidence. They may serve as trial team members or provide support.

What Does a Litigator Do? 

A litigator assists with the following aspects of the case life cycle:

Litigators may meet with the client and conduct a preliminary investigation into the claim prior to filing suit. Throughout this phase, the litigator may:

  • Examine the patient’s medical records, statements, images, and videos.
  • Interview the client regarding the accident and its cause.
  • Read accident reports, witness statements, and other types of documentation.

A litigator may initiate a factual investigation into the case’s underlying facts. The litigator may contact and interview witnesses. They may send letters to the defendant or their attorney instructing them not to dispose of evidence that may be relevant to the case, such as automobile parts damaged in an automobile accident. Additionally, litigation attorneys may conduct legal research and analysis in order to provide the legal team with a better understanding of the client’s case and the potential for obtaining compensation.

Litigation attorneys draught the documents that formally initiate the litigation procedure, such as the client’s complaint, which outlines the cause of action and the client’s right to compensation. A litigation attorney is also capable of responding to pleadings, such as when the defendant files a counterclaim against the client.

The pleadings are crucial to the case’s eventual resolution. They may assert certain arguments or compensation demands, so it is crucial that they be well-prepared. Certain legal claims may be required in pleadings, or the client may lose the right to raise them later. Similarly, responses to counterclaims may be required to raise particular defences; otherwise, the client may lose the right to assert them. It is essential to involve an experienced litigator in the process, as the pleadings can restrict the scope of the case.

The discovery process is essential because it can help the legal team obtain crucial evidence, ascertain the opposing side’s position, and identify case weaknesses. Typically, discovery lays the groundwork for negotiations and trial.

Litigation attorneys aid in the discovery procedure by:

  • Demanding that the opposing party answer specific questions under penalty of perjury
  • Requesting the opposing party to produce documents and other possible evidence
  • Requesting the opposing party to identify the evidence and witnesses they intend to introduce at trial.
  • Responding to requests for proof and explanations
  • Objecting to inadequate or too-vague questions
  • Making motions to compel the opposing party to respond to interrogatories or provide requested information
  • preserving attorney-client confidentiality

The purpose of discovery is to gain a better understanding of the potential case, evidence, and strengths of the opponent’s position in order to effectively advise the client on whether to settle or proceed to trial.

A litigation lawyer may also help make various motions throughout the case, such as a motion for summary judgement in which the court is asked to decide the case before trial when there are no material facts in dispute about the case.

A litigation attorney may also assist the trial attorney in court preparation. They may offer counsel to the trial attorney regarding certain legal arguments or objections to raise.

When seeking assistance from a personal injury firm, accident victims can learn more about the function of a litigation attorney.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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