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Will I Have to go to Court? An Overview of How Personal Injury Cases Are Resolved

pillars outside courtroom

You might be wondering if you have to go to court when dealing with your personal injury case. The good news is that most personal injury cases do not resolve in a courtroom setting.

Many personal injury cases are resolved through settlements outside of the courtroom. Plaintiffs and insurance companies often prefer to reach an agreement without the time and expenses associated with a trial. From the start of your case, your lawyer will present evidence of your injuries, their position on liability, and engage in discussions with the insurance company on your behalf to attempt to reach fair compensation for you.

Mediation, a form of alternative dispute resolution, is another route that is often explored by personal injury lawyers. Before a case goes to trial, mediation is mandatory in Toronto. This is where a neutral third party attempts to reach a resolution between the parties. This approach is often successful in resolving personal injury disputes without the need to go to court.

However, there will be instances where going to court becomes a necessity. When there is a breakdown in negotiations or disputes regarding liability or you cannot agree to the quantum of damages, your case may proceed to a trial. It is important to note that if the case does proceed to a trial, costs may be awarded against you personally if you lose at trial. Furthermore, it may take years to receive a trial date due to the severe backlogs in Ontario’s court system.

Whether you will have to go to court will depend on a multitude of factors and the circumstances of your case. It is essential to be prepared for all possibilities.

At JEWELL RADIMISIS JORGE LL.P, we play a key role in guiding our clients through this process. Whether that be through settlement negotiations or ultimately proceeding to a trial, our team of experienced lawyers ensures to put your best interests at the forefront. We ensure that you understand the legal complexities and are well prepared for any scenario that may arise.

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