Will My Ontario Personal Injury Case Go to Trial?

The vast majority of Ontario personal injury claims settle without a trial. A phone call to a lawyer does not start a lawsuit, and starting a lawsuit does not mean you will end up in court.

By Lane Foster, Personal Injury Lawyer

For many people, the idea of speaking with an Ontario personal injury lawyer is uncomfortable for one reason: they think it means they are about to sue someone and spend years in court. However, very few personal injury cases end up proceeding to trial.

People call us because an injury has affected their work, their health or their family and they do not know what to do next. Sometimes they are dealing with an insurance adjuster. Sometimes they have been offered money before they know whether they will recover. Sometimes they are simply worried that they cannot afford treatment or time away from work.

The first conversation is about understanding what happened and what options are available. It is not a decision to go to trial.

Our Ontario personal injury lawyers represent people with serious injury claims throughout the province. Most claims are resolved through evidence and settlement discussions, not a courtroom hearing.

Does Speaking With a Personal Injury Lawyer Mean I Am Suing Someone?

No. You can speak with a lawyer, ask questions and find out whether you have a claim without agreeing to start a lawsuit. A consultation is meant to give you a clearer picture of your situation and your options.

You may need to know whether there is a deadline coming up. You may need help dealing with an insurer. You may have questions about treatment costs, missed work or a settlement offer. None of that means you have decided to take a case to court.

Even if a person has a valid claim, the first steps are usually practical ones: obtaining records, identifying the insurer, preserving evidence and understanding the medical consequences of the injury.

A lawyer cannot tell you whether a settlement is fair without knowing what the injury has actually caused. In a serious injury case, that can take time. A person who settles before the medical picture is clear risks resolving the claim before understanding what has been lost.

Does Starting a Lawsuit Mean My Case Will Go to Trial?

No. This is one of the most common misunderstandings about personal injury claims. A lawsuit is sometimes necessary even where everyone hopes the case will settle. There are deadlines for starting a claim. An insurance company might not be prepared to make a reasonable offer early in the case. The evidence may need to be gathered through the formal litigation process.

Starting a lawsuit protects the claim. It does not predict how the claim will end.

Many lawsuits settle after the parties have exchanged records and the insurer has had a proper opportunity to assess the injuries. Some settle after the injured person has answered questions at an examination for discovery. Some resolve at mediation. Others settle after a pre-trial conference, when the evidence and the risks are clearer to both sides.

A case can also settle after a trial date has been scheduled. Setting a case down for trial does not mean a trial will actually take place.

Do I Have to Go to Court After a Car Accident in Ontario?

Very rarely. This question comes up often after car accidents because injured people hear terms such as “claim against the other driver” or “lawsuit” and assume the process will end with them giving evidence in court.

Ontario car accident claims often involve two different parts. First, a person injured in a collision can apply for accident benefits, regardless of who caused the crash. Accident benefits are claimed through the applicable auto insurance system. Applying for them does not mean suing the other driver or going to trial.

Secondly, if another driver caused the accident, the injured person can have a claim for damages against the at-fault driver's insurance company. That case can address losses that accident benefits do not fully compensate, such as pain and suffering, loss of income and future care needs.

A claim against an at-fault driver is not usually handled by asking that driver to personally pay the injured person. In most cases, the driver’s insurer appoints a lawyer and responds to the claim. This does not mean the case will go to trial.

In a serious car accident case, the lawyer will usually need the collision evidence, medical records, employment information and a clear understanding of how the injury has changed the person’s day-to-day life. Where the injured person is still recovering or unable to return to work, it can be far too early to value the claim properly.

If a fair resolution cannot be reached before the limitation period becomes an issue, a lawsuit can be started. That preserves the injured person’s rights while the claim continues to develop. Many car accident lawsuits still settle without anyone ever testifying before a judge or jury.

An injured person can speak with an Ontario car accident lawyer about accident benefits, a potential claim against the at-fault driver and what the process would realistically involve. That conversation does not commit the person to court.

What Happens in a Claim That Does Not Go to Trial?

Most cases are resolved once the evidence is developed well enough for both sides to assess the case. At the beginning, that means collecting the information needed to understand the accident and the injury. Medical records are important, but they are not the whole case. A serious injury claim can also depend on work records, tax returns, evidence from family members, treatment recommendations and, in some cases, expert opinions about future income loss or future care.

Once that evidence is available, settlement discussions can take place. If a lawsuit has been started, eventually the matter with proceed to an examination for discovery. The defence lawyer will want to question the injured person at an examination for discovery. That can sound intimidating, but it is not a trial. It is generally conducted in a boardroom or remotely, with the injured person’s lawyer present throughout. The questions are about the accident, treatment, symptoms, work and the impact of the injury.

After discovery, there is often a more clear picture of what is genuinely in dispute. That is one reason cases frequently settle as the lawsuit progresses. Mediation also provides a useful opportunity to resolve the claim. The parties meet with a neutral mediator and try to negotiate a settlement. The mediator does not decide the case and cannot force either side to accept an outcome.

Will I Have to Be Cross-Examined?

Not unless the case actually reaches trial. If a lawsuit is started, you could potentially be asked questions about the accident and your injuries at an examination for discovery. That is different from testifying at trial. There is no judge or jury present, and your lawyer is there with you.

If your case proceeds as far as a discovery, a defence lawyer might ask about the accident, your treatment, your work before and after the injury, your daily activities and any earlier medical problems that are relevant.

Why Do Most Personal Injury Claims Settle?

Trials are uncertain. They take time, cost money and require both sides to accept the risk that a judge or jury will disagree with their position.

Once the records and evidence are available, insurance companies can usually assess whether an injured person has a strong claim. An injured person, with advice from their lawyer, can assess if an offer fairly reflects the injuries, lost income, future treatment needs and other losses.

Settlement allows the person to resolve the claim without the delay and stress of trial.

That does not mean accepting the first offer made by an insurer. Insurers can make early offers before the long-term consequences of an injury are known. A settlement is generally final. If a person later discovers that they cannot return to work or will need ongoing care, they usually cannot reopen the claim because the settlement turned out to be too low.

The goal is not simply to avoid court. It is to settle the case fairly, without a trial, once there is enough evidence to know what fair compensation looks like.

When Would a Personal Injury Case Actually Go to Trial?

A case can go to trial if there is no reasonable settlement available. Sometimes the insurance company disputes fault. Sometimes it accepts that an accident occurred but argues that the injuries were not caused by it, are not as serious as claimed or do not prevent the person from working.

In the most serious cases, the disagreement can be about the future. A person may have lost a career, need expensive care or face permanent limitations. If the insurer will not make an offer that properly reflects those losses, trial can be necessary.

That happens. It is also not the outcome most injured people experience.

A person who is afraid of court should not assume that speaking with a lawyer will set that process in motion. The much more common result is that the lawyer gathers the evidence, deals with the insurer and works toward a settlement.

Can I Tell My Lawyer That I Do Not Want to Go to Court?

Of course. Some clients are very anxious about the idea of court. Others are prepared to go to trial if that is what is required, but would prefer to settle if a fair offer is made. Experienced personal injury lawyers will see those important considerations in how they advise their client.

The decision to accept a settlement belongs to the client. A lawyer can advise whether an offer is reasonable, explain the risks of refusing it and prepare the case properly if negotiations fail. But the client is entitled to understand the choices and make the final decision.

What a lawyer cannot control is whether an insurance company offers fair compensation. If an insurer refuses to deal reasonably with a serious injury claim, avoiding court at all costs can mean accepting less than the claim is worth.

That is not a decision anyone should make out of fear before they have received advice.

Should I Avoid Calling a Lawyer Because I Do Not Want a Trial?

No. Speaking with a lawyer gives you information about what has happened, what compensation could be available and how to protect yourself while you recover.

Waiting can be much more damaging than calling since important deadlines can expire. Evidence could also become difficult to obtain. Injured people sometimes make statements or sign documents without understanding how they will be used.

You do not need to decide whether you are willing to attend a trial before you speak with a lawyer. Most people who bring a personal injury claim never have to make that decision.

Frequently Asked Questions

Do most personal injury cases go to trial in Ontario?

No. Most Ontario personal injury claims are resolved by settlement. Trial is generally reserved for cases where the parties cannot agree on fault, the effect of the injuries or fair compensation.

Will I have to go to court if I contact a personal injury lawyer?

No. Speaking with a lawyer does not start a lawsuit or require you to attend court. It allows you to understand your rights and decide what you want to do next.

Will I have to go to court after an Ontario car accident?

Very rarely. A person injured in a collision can apply for accident benefits regardless of fault, and a claim against an at-fault driver can often be resolved without a trial.

Can my case settle even after a lawsuit is started?

Yes. almost all personal injury lawsuits in Ontario settle before trial, including after discovery, at mediation or after a trial date has been scheduled.

If I start a lawsuit, will I have to testify?

Not necessarily. You could have to answer questions at an examination for discovery, but many cases settle before the injured person ever testifies in court.

Should I accept an early settlement offer to avoid court?

Not without understanding the value of your claim. An early settlement can fail to account for ongoing symptoms, an inability to return to work or future care needs. Once a settlement is final, the claim generally cannot be reopened later.

Speak With an Ontario Personal Injury Lawyer

Being worried about court is normal. It should not stop you from finding out whether you have a claim or whether an insurer is treating you fairly.

Most Ontario personal injury claims settle without a trial. Where an injury is serious, the work of a lawyer is usually to collect the evidence, protect the claim and negotiate a fair resolution while the client focuses on recovery.

Foster Injury Law offers free consultations to people injured in accidents and through negligence across Ontario. To discuss what happened and what a claim would involve, speak with an Experienced Ontario personal injury lawyer.

This article provides general information about personal injury claims in Ontario. It is not legal advice. Every claim depends on its facts, evidence, insurance coverage and applicable deadlines.