How Many Personal Injury Cases Go to Trial in Ontario?

Each personal injury case has its own unique circumstances, yet there are shared patterns and factors that can help provide answers to common questions in this often complicated area. 

As seasoned personal injury lawyers, we at McNally Gervan strive to demystify the legal process for our clients. Our goal is to offer a comprehensive understanding of what to expect during a personal injury case. We draw on years of experience to guide you through every step, from initial consultations to potential settlement discussions or trial preparations. Our commitment is to ensure you are well-informed and prepared, allowing you to focus on your recovery while we handle the legal complexities.

By examining common trends, such as the high settlement rates and the specific conditions that might lead a case to trial, we provide a clearer picture of the journey ahead. Now, let’s take a closer look at how and why personal injury cases go to trial in Ontario. 

General Statistics on Personal Injury Claims

In Ontario, many personal injury cases are filed each year, however, the majority do not go to trial. How many personal injury cases go to trial in Ontario? It is estimated that around 90% of personal injury cases settle out of court, meaning roughly one in ten cases goes to trial. This high settlement rate is consistent with trends observed in other jurisdictions, underscoring a preference for resolving disputes without a trial.

Why Do So Many Personal Injury Lawsuits End in a Settlement?

Several factors explain why most personal injury cases end up in some form of settlement. First and foremost is the efficiency and cost-effectiveness of settlements. While the process might seem straightforward for cases involving motor vehicle accidents or premises liability, for example, the reality is that for other types of cases, such as motor vehicle accident or medical malpractice trials, going to trial can be quite expensive and time consuming. 

Settling a case out of court can significantly reduce legal fees, court costs, and other expenses, making it a more attractive option for both plaintiffs and defendants.

Trials also carry inherent risks and unpredictability. The outcome of a personal injury claim is uncertain, and even a strong case can result in an unfavorable verdict due to various factors, including the jury’s perception or unforeseen legal arguments. Settling allows both parties to have more control over the outcome and to avoid the uncertainty of a trial.

The emotional and time-consuming nature of court cases cannot be overstated. Personal injury trials can be lengthy, often stretching over several months or even years. The stress and emotional toll of a prolonged legal battle can be overwhelming for plaintiffs who are already dealing with the aftermath of an injury.

Factors Influencing the Decision to Go to Trial

While the majority of cases settle, there are specific circumstances where a trial may be necessary or preferred. 

Disputes over liability and damages are also common reasons for going to trial. If the parties cannot agree on who is at fault or on the amount of compensation, a trial may be the only way to resolve these disputes. Insurance companies, which are often involved in personal injury cases, can be particularly contentious when it comes to liability and settlement amounts. Insurance company negotiation tactics can sometimes lead to an impasse, necessitating a trial.

Here’s a hypothetical example of how this all might play out: Imagine Jane was driving home from work when another vehicle, driven by John, ran a red light and collided with her car. The impact was severe; Jane sustained multiple injuries, including a fractured arm and a concussion.

Following the accident, Jane filed an accident benefits claim with her insurance company to cover medical expenses and loss of income. Despite providing all necessary documentation, her insurance company refused to pay for necessary treatment for her personal injuries.

Feeling overwhelmed, Jane contacted a personal injury attorney. After consultation, the lawyer identified discrepancies in the insurance company’s evaluation. They advised Jane to dispute the denial of benefits and pursue a decision from the License Appeal Tribunal of Ontario.  She was able to get her treatments covered and later settled her entire claim for fair compensation.

The lawyer filed a personal injury lawsuit against John Doe, alleging negligence and seeking damages for medical expenses, lost wages, pain, and suffering. Despite several rounds of negotiation, the insurance company and John’s legal team refused to offer a fair settlement. Jane’s injuries had significantly impacted her quality of life and ability to work, and she needed adequate compensation to cover her ongoing medical care and lost income. The best way to protect her rights and interests was to initiate a personal injury trial. 

The Trial Process for a Personal Injury Lawsuit

If your case does go to trial, it’s essential to understand the process and what to expect. The trial process typically begins with pre-trial procedures and preparations. This phase involves gathering evidence, deposing witnesses, and filing various motions. It’s a critical stage where both sides build their cases.

Once the trial begins, it follows a structured format. The key stages of a trial include opening statements, witness testimonies, and closing arguments. Each side presents its case, calling witnesses and experts to present evidence to support its position. 

The duration and timeline of the trial process can vary. On average, personal injury trials in Ontario can take several months from start to finish. 

Personalized Support for Personal Injury and Accident Benefit Claims

If you find yourself considering a personal injury case, seeking legal representation is a critical first step. At McNally Gervan LLP, we understand the complexities and emotional toll that personal injury lawsuits can bring. An experienced personal injury lawyer from our team can guide you through every step of the process, from initial consultation to final settlement or trial. 

For those needing support with accident benefit claims, we offer comprehensive assistance in navigating the often confusing insurance processes. We help you gather necessary documentation, communicate with insurance companies, and advocate on your behalf to secure the benefits you deserve. If you are dealing with the aftermath of a car accident, the guidance and support of one of our Ottawa car accident lawyers can help you understand your options. 

With McNally Gervan, you’re not just a case number; you’re a valued client whose well-being is our top priority. We offer free case evaluations to help you understand your legal options and determine the best course of action for your case.