If I make a claim for an injury or denied insurance or benefits, will I end up in a trial?

What Percentage of Personal Injury Cases Go To Trial?

The odds of going to trial depend on all the specific details and factors of your case. Because criminal and family matter trials are prioritized, the courts encourage civil litigants (the parties in disputes) to work things out amongst themselves and their lawyers. Sometimes this is not possible, so you have a trial, but the steps and processes in the civil litigation have a strong bias for settlement.

A good lawyer should explain to you the pros and cons of going to trial or negotiating a settlement – or at least attempting to settle before going to trial. Very few people want to go to trial and hope to win, whether judge-alone or jury.

Personal Injury Settle vs. Trial

Settlements require compromise, and if you are unsuccessful in working with the other side to make a deal, you may need to go to trial. However, trials are uncertain and expensive, even when you think you have a better case than the other side. You should feel comfortable asking questions and letting your lawyer know your preferences – negotiated settlement or trial. Above all, your lawyer should advise you on your best interests and the risks involved; however, the dispute is resolved.

Trial Preparation

If you are prepared to go through a trial with a favourable case and the facts on your side, your lawyer should still advise you before going to trial and meet with you several times beforehand. The discussion should include a range of possible outcomes and should provide you with plenty of information to think about before the trial.

Questions to Ask Beforehand:

If between you and your legal team, the decision is to go to trial, you should expect to be told at a minimum:

• The range of the value of your claims, no matter what it says in the statement of claim (formal legal document stating the case);
• The date of the trial, well in advance;
• What evidence will support your claim at trial, and how;
• What may be perceived as being against you at trial, and why;
• What evidence the other side has, and how it is likely to be presented and impact your claim;
• How long your trial will take – hours, days, weeks or months;
• Your odds of success and outcomes – it will never be a guarantee – it is likely to be a well-thought-out and educated opinion;
• How much you should expect to participate in and attend your trial;
• Who the witnesses will be on both sides – experts, involved fact witnesses, family, friends or colleagues, etc.

Very few people go to trial on a whim. Lots of preparation is required, and it is generally costly and uncertain. Going to trial is a big deal, but you should feel comfortable about your lawyer and team if you are well informed and advised, well in advance.

Personal Injury Trial Lawyers

Some litigation lawyers have never taken a case to trial. Findlay Personal Injury Lawyers are experienced in tackling and winning high-risk cases, preparing for each as if we are going to try it. It is important to work with a firm that has the skill and resources to contend with any insurance company and their comprehensive legal team. 

Choose Findlay for Your Personal Injury Case

Do you have any questions or need a lawyer? Set up a free consultation with Findlay. During your consultation, our injury lawyers will go over the likelihood of your case going to trial. Call 905-522-9799 for a free consultation with one of our experienced lawyers. We serve Hamilton, Brantford, Burlington, St. Catharines, Niagara Falls, Welland, Grimsby, Port Dover, Simcoe, Woodstock, Paris, and other nearby areas of Ontario. 

Our extensive litigation experience will you the edge you need in the event your case goes to trial.