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You probably don’t think about lawyers, attorneys, or similar terms unless you’ve been in an accident — and that’s completely normal. Still, in the event of a car crash or any personal injury caused by an accident, you might wonder: what is a litigation attorney? This type of lawyer represents clients in court when it’s necessary to resolve a legal dispute. They’re also known as “trial lawyers.” However, it’s worth noting that “lawyer” and “attorney” are not exactly the same thing.
Do you want to know the difference between a lawyer and an attorney? Would you like to understand what litigation attorneys do and why (and when) you might need one? Find the answers to these and other related questions in this original article by Megeredchian Law.
If you’ve already been in an accident and need legal representation, don’t waste any time — schedule a free consultation at (866) 359-0807. We’ll review your case within minutes and determine whether you qualify for compensation. If you do, we’ll assign an experienced personal injury lawyer in California to build a strong claim on your behalf.
What Is a Litigation Attorney? A Definition Applied to Personal Injury Cases
A litigation attorney — also known as a civil litigation lawyer or trial lawyer — is a legal professional who represents clients in civil lawsuits, including personal injury cases. In California, litigation attorneys handle disputes where one party seeks financial compensation or legal relief, rather than criminal punishment.
Litigation Attorneys and Personal Injury Claims in California
In personal injury law, a litigation attorney represents victims who suffered harm due to another person’s negligence — for example, in car crashes, motorcycle accidents, pedestrian injuries, or wrongful death claims. Their goal is to recover compensation for medical expenses, lost wages, pain and suffering, and other damages allowed under California Civil Code §1714.
If negotiations with an insurance company fail, the litigation attorney moves the case into court proceedings by filing a civil complaint under California Code of Civil Procedure §335.1, which sets a two-year statute of limitations for most injury claims.
What Litigation Attorneys Do
In California, the litigation process has several phases:
- Pre-litigation: Gathering evidence, reviewing medical records, negotiating with insurers, and preparing the demand letter.
- Filing the lawsuit: Submitting the complaint in California Superior Court, typically in the county where the accident occurred.
- Discovery: Exchanging information, depositions, and expert testimony.
- Mediation or settlement conferences: Often required before trial under California’s court rules.
- Trial: Presenting the case before a judge or jury if settlement is not reached.
Litigation attorneys manage every stage — from drafting pleadings and motions to questioning witnesses and presenting arguments in court.
Difference from Other Lawyers
Unlike criminal defense attorneys, litigation lawyers do not handle cases involving jail or criminal charges. Their focus is on civil liability and obtaining monetary relief. Many personal injury litigation attorneys in California work on a contingency fee basis, meaning clients pay nothing unless compensation is recovered.
Example of a Litigation Attorney in Action
Suppose you’re injured in a collision caused by a distracted driver. A litigation attorney would:
- Investigate the crash and collect evidence;
- File a claim against the driver or their insurer;
- Negotiate for a fair settlement; and
- If necessary, file a lawsuit and represent you at trial in Los Angeles Superior Court.
Education and Licensing Requirements
In California, a litigation attorney must:
- Earn a Juris Doctor (JD) from an accredited law school;
- Pass the California Bar Examination; and
- Maintain active membership in the State Bar of California, fulfilling ongoing Continuing Legal Education (CLE) requirements.
Litigation Attorneys vs. Litigation Lawyers: Is There a Difference?
In California, the terms litigation attorney and litigation lawyer are often used interchangeably. Both describe legal professionals who handle civil disputes and represent clients in court. However, the technical distinction is that an attorney is a lawyer who is licensed by the State Bar of California to actively practice law, appear in court, and represent clients in legal proceedings.
A lawyer, on the other hand, is anyone who has earned a law degree but may not yet be licensed to practice. In personal injury cases, this means that only a litigation attorney can file lawsuits, negotiate settlements, or appear before a judge on your behalf — while a lawyer without an active license cannot perform those actions.
When and Why You Need a Litigation Attorney in California
You need a litigation attorney in California when your personal injury claim cannot be settled through insurance negotiations or informal discussions.
Under California Code of Civil Procedure §335.1, injury victims have two years from the date of the accident to file a lawsuit. If the other party denies fault, offers an unfair settlement, or their insurer delays or refuses payment, your case must move into litigation. At that point, only a licensed litigation attorney can file the complaint, represent you in Superior Court, and manage all required pleadings and hearings.
A litigation attorney is also essential when liability is disputed or multiple parties are involved — for example, in multi-vehicle crashes, trucking accidents, or premises liability cases. They handle the discovery process, collect depositions, subpoena evidence, and present your case before a judge or jury.
In 2025, California courts increasingly require mandatory settlement conferences or mediation before trial, and your attorney ensures compliance with these local court rules while protecting your right to maximum compensation.
You may also need a litigation attorney if your case involves government liability, such as a city vehicle or dangerous road condition.
Under the California Government Claims Act, you must file an administrative claim within six months before suing a public entity. Missing this step can bar your right to compensation entirely, making professional legal guidance necessary.
Get Legal Aid in Every Level of Your Claim
Although most personal injury claims are resolved without going to court, it’s always wise to be prepared in advance. Don’t jeopardize your case — make sure the car accident law firm you hire has the experience to defend you if your claim goes to trial. Megeredchian Law has a team of local California car accident lawyers ready to represent you. They’ll build a strong legal strategy on your behalf and fight for maximum compensation — even if it means taking your case to court.
Call (866) 359-0807 to schedule your free consultation. Hablamos Español.
