Apr 14, 2025 in News Blogs

Blogs: Why Most Personal Injury Cases in Ontario Don’t Go to Trial

In Ontario, most personal injury cases are resolved outside the courtroom. While many people assume their claim will eventually be heard by a judge, the reality is quite different. A significant majority of claims settle well before reaching trial. This trend is shaped by several factors — from the cost and time involved in litigation to the emotional toll it can take on plaintiffs and their families.

Knowing how personal injury cases typically unfold can help you and your legal team make informed decisions, whether you're pursuing compensation after a car accident or another type of injury.

The Reality of Personal Injury Trials in Ontario

Personal injury litigation is rarely straightforward. Many cases involve months of preparation, negotiations, and legal strategy — and most are resolved through settlements. In fact, estimates show that more than 90% of personal injury claims in Ontario never make it to trial. Settlements offer a faster, more cost-effective, and less stressful route for most plaintiffs and defendants.

Still, there are situations where going to trial becomes necessary. If there is a dispute over liability or the compensation offered by an insurer falls short of what’s fair, a trial may be the only path forward. Though exact numbers vary, it is widely accepted within the legal community that only a small fraction of personal injury cases proceed to trial in Ontario.

Factors That Influence Whether a Case Settles or Proceeds to Trial

Several key factors determine how a personal injury case is resolved:

Legal Costs and Expenses

Taking a case to trial requires extensive legal work, expert witnesses, and court appearances — all of which add to the overall cost. For many plaintiffs, settling can provide a reasonable outcome without the financial burden of trial.

Time to Resolution

Trials can extend over many months or even years. Settlements, on the other hand, are often reached more quickly, offering injured individuals earlier access to compensation.

Emotional Impact

Navigating a trial can be emotionally exhausting. For those already coping with pain or loss, avoiding the added stress of court is often a compelling reason to settle.

Insurance Company Tactics

Insurers typically prefer to settle in order to limit the risk of unpredictable jury awards. This often shapes how negotiations unfold.

Strength of the Evidence

When a case is backed by clear evidence and well-documented injuries, settlement negotiations are more likely to result in fair compensation. Disputed cases — especially those involving questions of fault or long-term impact — are more likely to move toward trial.

Every case is different, and it’s not always easy to know which path is right. A personal injury lawyer in Toronto can walk you through your options and help you make the decision that feels right for you.

The Role of Mediation and Alternative Dispute Resolution (ADR)

Ontario courts actively promote mediation and other forms of alternative dispute resolution (ADR) to help parties settle disputes before trial. These processes are designed to reduce delays and provide an opportunity for fair resolution without the uncertainty of a court decision.

Mediation, in particular, allows both sides to work collaboratively toward a settlement with the help of a neutral third party. For many plaintiffs, this approach is less adversarial and more empowering.

Working closely with a legal team to prepare strong medical documentation, witness statements, and clear evidence can improve the likelihood of reaching a settlement through ADR. A Toronto personal injury lawyer can help you understand whether ADR is appropriate for your case.

How Plaintiffs Can Strengthen Their Position

Whether your case settles or proceeds to trial, taking proactive steps can make a meaningful difference in the outcome:

1. Gather Comprehensive Medical Evidence

Detailed medical records, diagnostic results, and expert opinions help demonstrate the severity of injuries and expected recovery time.

2. Document the Incident Thoroughly

Accident reports, photographs, witness accounts, and journal entries can help establish liability and support your claim.

3. Be Aware of Legal Timelines

Understanding the limitation periods for filing a personal injury claim is essential to protect your rights.

4. Seek Legal Guidance Early

Speaking with a personal injury lawyer in Toronto early on helps you assess the strength of your case and plan the right course of action.

For a more in-depth look at the right time to seek legal help, refer to this guide on when to hire a personal injury lawyer.

What the Future May Hold for Personal Injury Litigation

Although settlements dominate today’s legal landscape, several emerging trends could influence how claims are handled moving forward:

AI in Claims Processing

Insurers are increasingly using artificial intelligence to evaluate claims and assess damages. While this can streamline the process, it may also raise concerns about fairness and accuracy.

Judicial Reforms and Procedural Changes

Changes to court systems and procedural rules could make trials more accessible in some cases, or further encourage settlement efforts.

Growing Public Awareness

As more people become informed about their rights, there may be an increase in individuals seeking compensation and advocating for fair treatment through legal means.

Understanding the evolving legal landscape — and working with an experienced law firm — ensures you're prepared for whatever path your claim takes. Learn more about steps to take after an accident to protect your claim and rights.

Conclusion

While the idea of going to trial is often front of mind for personal injury plaintiffs, most claims in Ontario are settled outside of court. Settlements offer a faster, more cost-effective, and less stressful resolution — and in many cases, they can still deliver fair compensation.

That said, some claims do require litigation. In these instances, having a knowledgeable legal team by your side is essential.

At Neinstein Personal Injury Lawyers, we’ve built a reputation for helping clients secure the compensation they deserve — whether through careful negotiation or strong trial advocacy. With decades of experience and a deep understanding of Ontario’s legal system, we are committed to guiding clients through every stage of their case.

If you or a loved one has been injured, understanding your options can lead to better outcomes. Contact us today to learn how we can help.