No matter which end of a pending lawsuit you are on, you’re probably wondering about the likelihood that your case will go to trial. Although settlements are far more likely than trial situations, more complicated cases may go to trial.
Below you’ll learn about the factors that affect settlements versus trials and get information on the percentage of cases that settle before trial.
Factors Affecting Settlement vs. Trial Percentages
It can be difficult to know for sure how many cases in Canada settle out of court versus going to trial. This is because reporting standards vary and percentages differ depending on location. Typically, the vast majority of cases are settled before trial. In Ontario, the number is estimated at around 90%.
In general, if your case is not complex and the at-fault party has been clearly identified, your case will more than likely settle before trial. More complex cases where negligence is less clear cut are the ones that tend to go to trial.
The Benefits of Pre-Trial Settlements
There are many benefits to a pre-trial settlement. One of the most valued benefits is that the sooner you settle, the sooner your case is over and you can get back to your normal life.
In addition, most Personal Injury lawyers assume that their case will settle before it goes to trial, so they often use the pre-trial preparation period to create a case that will result in a good settlement for their client. Sometimes cases that go to trial result in higher settlements, but this isn’t always the case. If you want your case to be settled before trial, you should always make sure your lawyer knows this up front.
What if a Settlement Isn’t Reached?
If you are unable to reach a settlement that you think is fair and that covers your medical and other bills after a personal injury, your case may take longer to settle. You shouldn’t settle for an amount that you know is unfair, but if your lawyer is advising you to settle, it is typically for a good reason, such as that you may end up with a lower amount if you go to trial.
If you cannot reach a settlement, your case will move into a mediation phase where you work with a mediator to reach a fair number. If this is unsuccessful, your case will go to trial.
If you’re involved in a lawsuit and want to know more about the settlement process, contact us for a consultation, or download our personal injury recovery kit to learn more.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.