What happens in the aftermath of a personal injury? If you are injured in an accident that was caused by another person’s negligence, you might be able to get compensation for your injuries by winning a personal injury case. From the very moment that your personal injury lawyer takes on your case, they will be dutiful in developing a winning claim that will prevail in court.
However, that does not mean that every time someone is injured in an accident that it fulfills the necessary parameters for winning a personal injury case.
If you are considering filing a lawsuit after a slip and fall, car accident, or any other kind of personal injury or harm, then you might be wondering if it is worth it. How can you win your personal injury case? The answer to this question typically comes down to two things:
- The size of the award of money damages that you can collect as compensation for the cost of your injuries (mentally, physically, and monetarily); and
- The likelihood of your settling your case.
Although the amount of money damages that you can recover is highly dependent on the facts of your case, there are some general rules about the likelihood of settling your case in or out of court.
While only a lawyer is qualified to assess your circumstances, these guidelines can help you better understand whether your personal injury case will end up in court.
Do I Have to Go to Court in Ontario to Win a Personal Injury Case?
It depends. You can typically seek compensation for your injuries after an accident caused by another’s negligence in two ways:
- You can be offered and an accept a damages settlement outside of court; or
- You can file a civil lawsuit in court to collect damages.
Although filing a civil lawsuit may allow you to collect more money than a settlement, most personal injury cases settle before ending up in court. In fact, for numerous reasons, most people involved in an accident that could result in a personal injury lawsuit end up settling before filing a claim in court to win their personal injury case.
Why Do Most Personal Injury Cases Settle Outside of Court?
Although most types of legal cases—civil, divorce, criminal, or probate—reach out of court conclusions, it is most common among personal injury cases.
The most significant reason that personal injury cases conclude outside of the trial setting is that neither party wants to take the risk of filing a lawsuit.
And on the other side of the case, defendants and insurance companies want to settle personal injury claims in to avoid the risk of going to trial and being forced to pay a much more substantial amount to cover the injured person’s actual losses or damages.
For both parties, settlement abbreviates the amount of time spent either at trial or concluding a case outside of court after a lawsuit has been filed. And although this seems to be the easy way, you will still need the help of an experienced lawyer.
Whatever the reason that the case ends up being decided outside of a courtroom, agreeing on a settlement can allow all parties to avoid the trial process.
