What Happens if My Personal Injury Case Goes to Court?

You’re entitled to claim compensation if you’ve been hurt in a motor vehicle accident caused by someone else’s fault or negligence. Unfortunately, the path to securing personal injury compensation is rarely smooth. The insurance company may unfairly deny your claim or pressure you to accept a settlement offer that’s a mere fraction of the full value of your claim.

If the insurance company is being unreasonable and is not prepared to pay fair compensation, then your case will have to go to trial. Court proceedings are nerve-wracking. Fear of the unknown makes the situation even more stressful. Today’s blog post will provide you with an overview of the litigation process so you can feel more prepared should your personal injury case go to trial.

Be Strategic and Forward-Thinking from Day One

It’s true that the vast majority of motor vehicle accident cases are settled out of court, without the need for a trial. That being said, you can’t know for certain if your case will settle out of court. It’s usually necessary to start court proceedings, proceed through several stages of the court process, and prepare from the outset as if your case will go to trial.

You will need to carefully consider factors such as the complexity of your case, the number of lay witnesses and expert witnesses you’ll need to prove your case, the reasonable value of your claim, whether using the simplified procedure is right for your case, and whether you want your case to be heard by a judge or a jury. You’re welcome to contact our Sault Ste. Marie personal injury lawyers. We can review your case, recommend the best legal strategy, and help you make wise decisions from the outset

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Does Starting a Court Case Mean You’re Destined for Trial?

Absolutely not. Filing court proceedings early on is often done simply to preserve the limitation period. You could otherwise lose the right to start a lawsuit—and insurance companies know this. They may drag their heels or cause unnecessary delay to run down the clock. If the limitation period expires before you start your lawsuit, you lose the right to claim compensation.

After starting the lawsuit, there will be numerous opportunities to resolve your claim prior to trial. Informal negotiations will take place, and settlement offers are usually exchanged. Steps such as private mediation and the pre-trial conference also provide opportunity to settle out of court. The pre-trial conference takes place before a judge, who may provide his or her recommendations for resolution, which can be very helpful in resolving the case without the need for a trial.  

You’ll be in a much stronger position throughout if you and your lawyer have been gathering, preserving, and refining vital evidence from day one. A solid, well-supported case is more likely to convince the insurance company to offer full and fair settlement in advance of the trial. If out of court resolution of your case isn’t possible, the ongoing preparations will have you and your lawyer ready to head into trial.

What to Expect if Your Personal Injury Case Goes to Trial

To win a personal injury lawsuit, you as the plaintiff must provide compelling evidence to prove each aspect of your case on a balance of probabilities. That includes liability (if fault for the accident is disputed) and the nature and extent of the injuries you suffered as a result of the motor vehicle accident.

Personal injury trials take place before a judge and a jury of six people (unless your case uses Ontario’s simplified procedure, in which case it will be before a judge without a jury). Most personal injury trials take place over several days, but the length of your trial will depend on factors such as the complexity of the case and the number of witnesses.

The usual process for an Ontario personal injury trial is as follows:

1. Opening Statements. Both the plaintiff and the defendant(s) have the opportunity to make opening arguments at the start of the trial. Opening statements outline each party’s position, explain the specifics of the case, and provide an overview of the evidence each party expects to present.

2. Direct Examination of Plaintiff’s Witnesses. Evidence can make or break a trial. The plaintiff’s witnesses are called first to give oral testimony under oath. Witnesses typically include the plaintiff, any eyewitnesses to the accident, people who can speak about the impact of the injuries on the plaintiff’s life (e.g. family, friends, coworkers), and expert witnesses such as doctors, accident reconstruction engineers, or economists. Expert witnesses are people with specialized knowledge, skills, training, or experience who provide an objective opinion on important issues within their area of expertise, such as liability, causation, and damages.  

3. Cross-Examination. The insurance company will be represented by a lawyer at the trial. Their lawyer will vigorously cross-examine the plaintiff’s witnesses, attempting to discredit them, poke holes in their evidence, or lead them to make admissions that can hurt the plaintiff’s case.

4. Defence Witness Testimony. Next, the defendant calls witnesses to provide evidence under oath to support their case or refute the plaintiff’s version of the facts. The plaintiff then has the opportunity to cross-examine the defendant’s witnesses.

5. Closing Arguments. After all evidence has been presented, each party makes a closing argument. Relevant legislation and case law are discussed and applied to the facts presented at trial. The goal is to emphasize important evidence and persuade the trier of fact (judge and/or jury) to decide the case in a certain way.

6. Deliberation and Verdict. Deliberations are done privately to reach a verdict. If the case is decided in the plaintiff’s favour, damages will be awarded.

   
   

The verdict following a personal injury trial is typically a final decision that ends the matter. Appeal of the trial decision is only possible on specific grounds (e.g., incorrect jury instructions were given; evidence was presented that should not have been allowed).

Personal Injury Claims in Sault Ste. Marie

At Feifel Gualazzi, our focus is on early resolution, mediation, and settlement. We will not, however, compromise our client’s case for the sake of early settlement. Our experienced personal injury litigation lawyers have conducted numerous judge and jury trials, achieving landmark and precedent-setting damage awards for our clients. We have the skills and expertise to aggressively fight for you at a trial.

Whether you sustained physical or emotional injuries, you can count on the Sault Ste. Marie personal injury lawyers at Feifel Gualazzi to tirelessly defend your rights to ensure you receive the compensation you deserve. We’ll take care of gathering all the necessary evidence and putting together a strong case.

You’re welcome to contact us today to speak with a Sault Ste. Marie accident claims lawyer or you can complete this form to request a free consultation to find out if you have a case.