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Home / Personal Injury Blog

What Is a Litigator and When Do You Need One

Understanding what is a litigator can help injured victims in Dallas make informed decisions when their cases move beyond insurance negotiations. At The Law Firm of Aaron A. Herbert, P.C., we explain every step of the legal process so clients…

November 11, 2025
Aaron A. Herbert

Written by Aaron A. HerbertTexas Bar #24036761 · Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas

Dallas Personal Injury Lawyer – The Law Firm Of Aaron A. Herbert  >  Personal Injury Blog  >  What Is a Litigator and When Do You Need One

Tuesday, November 11, 2025 | By The Law Firm Of Aaron A. Herbert, P.C.
What Is a Litigator and When Do You Need One

Understanding what is a litigator can help injured victims in Dallas make informed decisions when their cases move beyond insurance negotiations. At The Law Firm of Aaron A. Herbert, P.C., we explain every step of the legal process so clients know who represents them and how their rights remain protected throughout litigation. A litigator handles the courtroom side of a legal dispute, presenting evidence, cross-examining witnesses, and persuading judges or juries. In personal injury cases, these trial-focused attorneys ensure accident victims receive fair compensation when insurers refuse to negotiate fairly.

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Are lawyers and litigators the same?

No, not every lawyer is a litigator. A lawyer holds a law degree and a license to practice, while a litigator focuses on the courtroom side of legal disputes. According to Cornell Law School’s Legal Information Institute, a litigator prepares cases for trial, manages discovery, handles appeals, conducts depositions, files and argues motions, and tries cases before judges and juries.

In Dallas personal injury cases, a litigator's abilities become important when negotiations fail. Many lawyers handle paperwork and settlement discussions, but litigators actively build arguments through legal research, procedural filings, and direct courtroom advocacy. When a car accident or catastrophic injury case demands a trial, the litigator steps in as the voice for the injured person before the court.

what is a litigator

Are attorneys the same as lawyers?

Yes, but context matters. In the United States, “attorney” and “lawyer” often refer to the same licensed professional. However, the term “attorney” emphasizes representation, meaning the individual acts on behalf of another in legal proceedings. The Texas Disciplinary Rules of Professional Conduct explain that a lawyer serves as a client representative, an officer of the legal system, and a public citizen with special responsibility for the quality of justice. Lawyers, as guardians of the law, play a vital role in preserving society and have a consequent obligation to maintain the highest standards of ethical conduct.

This role includes protecting victims from unfair insurance tactics, preserving evidence, and advocating for rightful recovery in personal injury cases. Whether someone calls themselves an attorney, lawyer, or litigator, the focus remains the same: using the law to help people rebuild after serious harm.

What are the responsibilities of a litigator?

A litigator wears many hats throughout a case, ensuring every aspect of the legal process supports the client’s recovery. The following represent some of the core duties handled during litigation:

  • Case evaluation and strategy development: Analyze facts, assess liability, and build the legal theory supporting compensation.
  • Pleadings and discovery: Draft petitions, file motions, and gather evidence from the opposing party through interrogatories, depositions, and subpoenas.
  • Pretrial motions and hearings: Present legal arguments before the judge, aiming to exclude improper evidence or clarify key issues.
  • Negotiations and mediation: Attempt to settle disputes before trial using structured discussions or mediation sessions.
  • Trial preparation and advocacy: Select juries, examine witnesses, introduce evidence, and argue the case before the court.
  • Post-trial motions and appeals: Review verdicts, file appeals, or negotiate post-trial settlements when necessary.

A reliable Dallas litigator does far more than appear in court; the professional manages every procedural move, ensuring the injured client’s position remains strong at every stage.

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How to choose the right professional for your injury case?

Choose a lawyer with proven litigation experience in personal injury law, familiarity with local judges and court procedures, and commitment to take complex cases through trial if needed. While many attorneys negotiate settlements, not all handle trials effectively. Clients searching what is a litigator, or sometimes called a trial lawyer, often find that this level of preparation and courtroom readiness makes a measurable difference in the outcome of their injury case.

Litigators often work in law firms focused on civil and personal injury cases. These professionals spend much time preparing discovery materials, consulting professional witnesses, attending hearings, and developing strategies tailored to the Texas legal system. The Law Firm of Aaron A. Herbert, P.C. stands out because Attorney Herbert is also a Board-Certified Personal Injury Trial Lawyer, a distinction achieved by only a small percentage of attorneys in Texas. His trial background means he handles every claim as if it might proceed to court, often motivating insurers to offer stronger settlements early.

Contact an experienced Dallas Injury attorney Today

Whether your injury stems from a car crash, truck accident, or unsafe property, timely legal help can make a significant difference. At The Law Firm of Aaron A. Herbert, P.C., our Dallas trial attorneys fight for fair compensation and hold negligent parties accountable. Call us at 214-200-4878 or submit our online form for a free case evaluation and start your path toward justice today.

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Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2 cases for me back to back and everything went smoothly as planned. He will fight for you and put in countless hours. He has a lifetime referral from me.

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Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.

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