It is difficult to estimate the average time it takes to resolve a case because there are various factors involved. Most personal injury cases are settled before they reach the court, and this often happens after anywhere from a few to several months.
If a settlement is not reached, it may be necessary to go to trial. However, many civil trials in Ontario have been put on hold or significantly delayed due to public safety measures for the COVID-19 pandemic, causing a backlog of cases. Up until this point, the Ontario Court system has lacked the resources to move the cases through.
At Greg Monforton & Partners, we understand how stressful this situation can be for accident victims and their loved ones. That is why we work hard to resolve every case as efficiently as possible so our clients can move forward with their lives. To learn how we may be able to help you, contact our firm to schedule a free consultation. There is no obligation involved and no upfront fees to retain our services.
Talk to a lawyer today. Ph: (866) 320-4770
Backlog of Court Cases in Ontario
Over the next two years, Ontario is planning to spend more than $72 million to handle the backlog of court cases in the system. Tens of thousands of cases have been put on hold or delayed since the COVID-19 pandemic started. The suspension of civil trials and motions has impacted personal injury lawsuits.
The allocated funding will help pay for hundreds of new court employees and support staff to help reduce the number of cases coming in and help speed up the cases already in the justice system.
Timeline for Settlement Negotiations
Generally, personal injury cases are resolved either through a settlement with the at-fault party’s insurance company or by a verdict rendered by a judge or jury. The time it may take to settle a case outside of court often depends on whether the insurance company decides to make a reasonable settlement offer. Most accident victims, however, are initially given lowball offers.
If you suffered serious injuries and have a strong case, your claim may be resolved within days or weeks. The insurance company may be willing to make a settlement offer that pays out full compensation for your injuries and damages. If you accept this offer, you will be asked to sign a release of liability.
However, if the insurance company does not believe that your injuries are as serious as you claim or thinks they can get you to settle for less, settlement negotiations may take much longer. In some cases, a mediator or neutral third party may be asked to help resolve the dispute outside of court.
It is important that you do not accept a settlement offer that is too low or does not cover your losses in full. Once a case is resolved, you cannot ask for more compensation from the insurance company.
You want to make sure that you ask questions during settlement negotiations. You need to make sure the extent of your injuries and damages, including future treatment needs, are known before settling.
Timeline for Taking a Case to Trial
If your case is not resolved through a settlement, the case will head to court. This can happen if both parties do not agree on who is liable or do not agree about compensation. In other cases, the accident victim may feel that going to court will be the only way to obtain a fair and just outcome.
If you decide to file a lawsuit, the other party will need to be notified and given time to respond. Preliminary hearings will then be scheduled and a trial date set. The examination for discovery is where each party will gather evidence and build a case. Your lawyer and the other party’s lawyer will likely make motions that a court must rule on. The entire process can take a long time, especially if there is a backlog of cases and you are unable to schedule your case to be heard for several months or years.
Some of the most important things to do when taking a case to trial is to respond quickly to court actions, comply with deadlines and show up when you are expected. Your lawyer can help take care of everything on your behalf to make sure your case is moving forward.
Awaiting the Resolution of a Case
Waiting for compensation can be very hard for accident victims. Medical bills may be piling up and your income may be nonexistent because of your inability to work. However, you should not settle for less than the full value of your case just to try to resolve things quickly.
There may be options to help manage your medical bills while your case is still pending. For instance, you may be able to come to an agreement with your medical provider – they may agree to wait to collect payment until your case is resolved.
Get Answers to Your Legal Questions
If you have been injured in an accident due to negligence, you need an experienced lawyer who can help you seek the justice and compensation you need. A Windsor-based personal injury lawyer is ready to review your situation and discuss your available options during a risk-free, zero-obligation consultation.
We have a strong record of success in helping our clients obtain maximum compensation for their damages. We only get paid if we help you obtain compensation in a settlement or verdict.
Call (866) 320-4770 for a Free Case Review.