How Often Do Personal Injury Claims Go to Court?
In personal injury cases, injured parties have the option of settling their case or taking it to trial. The vast majority of personal injury claims in Ontario never make it to trial because the injured party settles the case out of court. However, some personal injury claims go to court.
Whether a personal injury claim should settle or go to court depends on a variety of factors, including the insurance company’s willingness to settle for a fair amount, available insurance coverage, and others. Accident victims should consider consulting with a personal injury lawyer in Hamilton to review their unique case and determine if they should settle or go to court.
How Many Personal Injury Claims Go to Court?
The personal injury claims process involves many stages. However, not all claims reach trial, as the vast majority of personal injury claims are settled out of court. While we do not have statistics about how many personal injury claims go to court, it is estimated that only between one and five percent of all personal injury cases in Canada go to court.
There are many benefits of settling a personal injury claim out of court. However, sometimes, the injured party has no option but to take their case to court and you must hire a personal injury lawyer that is willing to fight to the bitter end. Some of the most common reasons injured parties choose to bring their case to trial include:
- There are disputes regarding liability or the degree of fault
- The parties cannot agree on a mutually acceptable settlement amount
- The proposed settlement amount would not cover the injured party’s damages and losses
Should You Take Your Personal Injury Claim to Court?
Typically, there is no need to take a personal injury claim to court if you can obtain a fair settlement for your injuries, losses, and damages without a trial. This makes it important to hire a personal injury lawyer that is highly skilled in negotiations. However, if the insurance company refuses to settle your claim for a fair amount or there are disputes regarding liability or compensation, you may have to take your personal injury claim to court.
Consider the pros and cons of going to trial:
- Pro. You could receive more money.
- Pro. You can get a sense of justice.
- Con. Going to trial is time-consuming.
- Con. Going to trial is expensive.
- Con. There is no guarantee that you will win.
Often, the only way to know whether or not it is best to take a personal injury claim to court is to consult with a lawyer.
How Can a Personal Injury Lawyer in Hamilton Help?
A skilled personal injury lawyer will examine the facts of your case and advise you on the best course of action in your particular situation. With an experienced lawyer on your side, you will know how much your personal injury claim is worth to decide if you should accept the insurance company’s settlement offer or take your case to court.
Every personal injury claim is unique, which is why seeking legal counsel may be necessary to determine whether you should settle your claim or go to trial. Both options have advantages and disadvantages, which makes the decision even more challenging.
The knowledgeable and results-driven personal injury lawyers at Virk Personal Injury Law, have settled and litigated numerous cases on behalf of clients throughout Hamilton, Ontario. We can help you understand your chances of success if you decide to take your claim to court.
Contact Virk Personal Injury Law today and do not pay anything until we win your case. Call 905-521-8888 or book a free consultation online.