You may think that your personal injury claim is pretty cut and dry and can be handled without needing the watchful eye and control of a Toronto civil court judge. However, extenuating factors may come into play, one thing may lead to another, and before you know it, you may be marking your scheduled court date into your calendar. This is not necessarily a good or bad sign of how your case will go. But you may be wondering how you got here in the first place. Well, follow along to find out whether your personal injury case will go to trial and how a proficient Ontario personal injury lawyer at Merricks Law Group, P.A. can help you adequately prepare for the possibility.
What percentage of personal injury cases go to trial?
It is rather rare for personal injury cases to go to trial in Ontario. Specifically, less than 10 percent of cases make it to trial, while upwards of 90 percent are settled before this stage. That is, these cases are either settled through negotiation, arbitration, mediation, or even dismissal. The main reason why you or the defending party may want to avoid entering the Toronto courtroom is because of the time, expense, and uncertainty that may come with it.
Under what circumstances will my personal injury case go to trial?
Just because it is infrequent that personal injury cases go to trial does not mean yours will follow suit. Actually, after closely following your case, one of your seasoned Ontario personal injury lawyers may advise you to go to trial. They may give this legal advisement for any of the following reasons:
- Your lawyer may believe the defending party lowballed their settlement offer, and strongly believe that you can earn a greater amount of financial compensation if you go to trial.
- Your lawyer may believe you have enough proof of the defending party’s liability in your personal injury accident, and strongly believe it will hold up in your trial proceedings.
- Your lawyer may have an inkling that the defending party’s insurance provider does not want to settle so as to not set a precedent for settling this type of personal injury case.
- Your lawyer may believe the defending party’s negligence was so egregious that they should be held publicly accountable for what they did to you in a courtroom setting.
- Your lawyer may have an inkling that the defending party will appear unsympathetic from the judge’s viewpoint and subsequently strengthen your case against them.
If you have any lingering doubts about your upcoming case, a talented Ontario personal injury lawyer can help relieve them. So whenever you are ready to get started, please reach out to Merricks Law Group, P.A.