How long does the average personal injury lawsuit last?

One of the questions that injured clients always ask a personal injury attorney is “How long will my case last?” The truth is that it is a difficult question to answer because there are so many variables. These are some of the considerations.

Is it clear who caused the accident?

If there is no dispute over who to blame for the accident, and the only issue is how much the care is worth, that can speed up the process. If we have to prove that the other driver was at fault, we will likely have to go through the data collection and discovery stages of the case.

Are your injuries stabilized?

Most Ontario attorneys will be reluctant to settle your case while you are still recovering from your injuries. The uncertainty of how well you will recover creates a risk for you. If we come to an agreement based on the assumption that you will continue to improve, but not improve as well as you expected, your agreement may be too low.

Are you back to work?

Similarly, if you have not yet returned to your previous job, or are still working reduced hours, we will want to wait before settling in until we know whether or not you will be able to work, and if you are able to work, at what level. ?

Are there multiple parts to your case?

When there are more than two groups of attorneys in a case, there may be delays as we schedule the discovery and mediation examinations. Finding dates that work for groups of attorneys can sometimes add months to the length of your case.

How much is your case worth?

Although these rules are not hard and fast, generally in an Ontario personal injury case, the higher the value of the case, the longer it will take to process. Sometimes this is because the insurance company takes longer to approve the value of the case. Sometimes it is because the insurance company wants to see if you are serious, are a good witness, and / or expect you to improve over time.

Short delays

Right now in Ontario, there are delays in preparing personal injury car accident cases before trial. There were delays before the global pandemic. Those delays are longer now. So if you have a case that needs the help of a judge to resolve it before trial, or if your case needs a trial to obtain fair compensation, it may take longer to resolve.

Patience pays off

In most situations, we tell clients that they can settle quickly or fairly, but most of the time they can’t have both. If you have major injuries and losses, it will be worth the wait until the time is right.