Litigation lawyers represent clients when their case must go to court. So, what does a litigation attorney do in accident claims? In these situations, litigation attorneys handle accident-related cases that progress into lawsuits when a fair settlement cannot be reached outside of court.
Their role is to manage the entire legal process—from filing the lawsuit to representing the client at trial—while developing a strong strategy to recover full compensation for damages such as medical bills, lost wages, and pain and suffering.
Their main duties include:
- Initiating the lawsuit: Prepares and files the necessary legal paperwork to officially start the case against the negligent party.
- Collecting evidence: Gathers and reviews documentation such as police reports, medical records, photographs, and witness statements, often working with experts to strengthen the claim.
- Discovery process: Exchanges evidence and conducts depositions with the opposing party to uncover all relevant facts before trial.
- Negotiating settlements: Continues discussions with insurance companies or opposing counsel—often through mediation—to pursue a fair settlement.
- Pre-trial motions: Requests specific rulings or clarifications from the court to define key issues before the trial begins.
- Trial advocacy: Represents the client before a judge or jury, presenting evidence, questioning witnesses, and arguing for maximum compensation.
- Legal documentation: Oversees all filings, motions, and deadlines to ensure the case advances smoothly through each stage of litigation.
If you or a loved one has been injured in an accident and want to pursue compensation, hire experienced car accident lawyers in California who can represent you from start to finish. While most accident claims settle without going to court, it’s essential to be prepared. Choose a law firm with skilled litigation attorneys who can take your case all the way to trial if needed.
Schedule a free consultation with Megeredchian Law at (866) 359-0807. We’ll review your case and let you know within minutes whether you qualify for compensation.
What Does a Litigation Attorney Do to Maximize Compensation?
A litigation attorney in California helps accident victims maximize their compensation by handling every step of the legal process that can affect the final outcome. Their first priority is to build a solid foundation for the case by gathering strong evidence—such as police reports, witness statements, medical records, and expert opinions—to clearly prove who was at fault. Because California follows the comparative negligence rule (Civil Code §1714), demonstrating minimal client fault is key to recovering the highest possible amount.
Once liability is established, the attorney carefully calculates all potential damages. This includes economic losses like medical bills, lost income, and future care costs, as well as non-economic damages such as pain, emotional suffering, and loss of quality of life. Using the California Civil Jury Instructions (CACI 3900 series) as a guide, they work with medical and financial experts to ensure every impact of the accident is fully documented and valued.
When insurance companies offer low settlements, the attorney steps in to negotiate aggressively or initiate mediation under California Code of Civil Procedure §1775. Mediation can often lead to higher payouts without going to trial. But if the other side refuses to settle fairly, the litigation attorney is ready to take the case to court—filing motions, presenting evidence, and cross-examining witnesses to strengthen the client’s position.
During trial, the attorney’s job is to prove both fault and the full extent of the client’s damages. In some cases, they may even pursue punitive damages under Civil Code §3294 if the defendant’s behavior was especially reckless. Every step they take—from gathering evidence to arguing in court—is designed to help the client recover the maximum compensation the law allows.
Common Challenges in Accident Litigation — and How Litigators Overcome Them
Disputed Liability
One of the biggest hurdles in accident litigation is disputed liability. Defendants and insurance companies often try to shift blame to reduce the amount they must pay under California’s pure comparative negligence rule (Civil Code §1714).
To counter this, litigators gather solid evidence—such as traffic camera footage, expert accident reconstruction reports, and detailed medical testimony—to minimize their client’s share of fault. By proving negligence clearly, they help preserve the client’s right to recover the maximum compensation allowed.
Insurance Company Tactics
Insurance adjusters frequently use strategies to delay, undervalue, or deny valid claims. Under California’s Unfair Claims Practices regulations (California Code of Regulations, Title 10, §2695.7), attorneys can hold insurers accountable when they act in bad faith.
Skilled litigators send detailed demand letters, engage in mediation, or file motions to pressure insurers into negotiating fairly. If the insurance company refuses to cooperate, the attorney is prepared to take the case to trial and present evidence of bad-faith conduct to the court.
Complex Damages and Causation Disputes
In cases involving severe or long-term injuries, proving the full extent of damages can be complicated. California law requires medical and financial losses to be supported by reliable evidence.
To meet this standard, litigators work with medical specialists, life care planners, and economists who can document how the accident caused the client’s physical, emotional, and financial harm. They ensure all expert testimony follows the requirements set by California Evidence Code §§801–803 so it stands up in court.
Procedural Deadlines
Missing a filing deadline is one of the most common—and most costly—mistakes in accident litigation. Under the California Code of Civil Procedure §335.1, injury victims generally have two years to file a lawsuit, but cases involving government agencies have even shorter timelines.
Litigation attorneys track every procedural requirement and filing deadline to prevent dismissals on technical grounds. By staying ahead of these critical time limits, they safeguard their client’s case and ensure every legal opportunity for compensation remains open.
Are Accident Victims Always Represented by a Litigation Attorney?
No. When you begin a personal injury claim, your case is first handled by a personal injury lawyer who manages the investigation, negotiations, and settlement process. If your claim cannot be resolved through a fair out-of-court settlement, it then escalates to a litigation attorney, who takes the case before a judge or jury. In both situations, you’re represented by qualified legal professionals who work closely together and maintain open, transparent communication with you throughout the process.
At Megeredchian Law, every client has direct communication with Alex Megeredchian, the firm’s founder and president. He personally reviews each case to ensure you’re represented by the most qualified attorney for your specific circumstances. When necessary, he may personally oversee or escalate a case to litigation to secure the best outcome possible.
Don’t risk receiving less than you deserve by being unprepared if your case goes to court. Hire a winning California law firm from the start. Call (866) 359-0807 to schedule your free consultation with Megeredchian Law. Our team is ready to fight for maximum compensation with skilled, experienced, and aggressive representation.