Understanding Personal Injury Claims: A Guide to Your Legal Options

“I should sue, right?” That’s often the first thing people think of when they have suffered a serious personal injury. However, taking someone to court is one of a handful of legal options available to claim the compensation you need to recover.

Learn here about the primary legal options you have, and why it will be vitally important for you to work with a law firm for personal injury if you are looking to achieve a favourable outcome.

Filing a claim through your insurance is often the first step after an injury, particularly in motor vehicle accidents under the no-fault system. Accident Benefits provide coverage for medical expenses, income replacement, and rehabilitation, regardless of who is at fault.

However, the process isn’t always straightforward, as insurance companies aim to minimise payouts. Understanding your rights and advocating for a fair claim is crucial.

One significant advantage of filing an insurance claim is the immediate access to accident benefits, which you are entitled to whether or not you have insurance of your own, and even if were primarily at fault in the accident.

This can be a lifeline when dealing with sudden financial strain. Additionally, insurance claims tend to resolve more quickly than lawsuits, offering a faster path to compensation without the stress and delays of litigation.

You’ll also avoid the upfront costs of hiring a lawyer for court proceedings, as many claims can be handled directly with the insurer.

The compensation available through accident benefits is capped—for example, non-catastrophic injuries have a $65,000 limit, which may not cover long-term treatment or lost earnings. Insurers may also undervalue claims by disputing the severity of your injuries or denying certain treatments as unnecessary.

Remember, insurers are not on your side, so keep thorough records of medical treatments, lost wages, and all communications with the insurance adjuster.

Filing a personal injury lawsuit is often necessary when insurance benefits fall short or the at-fault party’s negligence warrants compensation beyond what insurance provides. This can apply to cases like severe car accidents, slip and falls, or medical malpractice.

A lawsuit allows you to seek damages for pain and suffering, long-term care needs, and income loss beyond the limits of insurance policies. However, it involves a more complex and time-consuming process.

Unlike insurance claims, lawsuits allow you to seek broader damages, including pain and suffering and future income loss, which can make a significant difference in severe cases. Lawsuits also hold the at-fault party accountable, providing a sense of justice.

If your case is strong, many lawsuits are settled out of court, sparing you the need to go through a trial while still securing fair compensation.

Lawsuits can be lengthy, often taking months or even years to resolve, which can delay access to funds when you need them most. The process also involves more stress and preparation, including gathering extensive evidence, going through discovery, and possibly testifying in court.

Litigation can be costly, though most personal injury lawyers work on a contingency basis (“new win, no fee”) meaning they only get paid if you receive compensation. Finally, there’s always a risk that the court may not rule in your favour, leaving you with little to no compensation.

Though past successes cannot assure you of future successes, working with a reputed personal injury law firm is vitally important. A full-service practice will have access to the investigative, medical, and legal talent required to make a strong case on your behalf. Moreover, it may be more likely to build a strong case and leverage negotiation opportunities to settle the case before trial.

Settling out of court is one of the most common ways personal injury claims are resolved in Ontario. This involves negotiating an agreement with the at-fault party or their insurance company before a trial begins. Settlements can occur at any stage of the process, from initial discussions to right before the trial date.

You can typically receive compensation much sooner than waiting for a trial, which is especially beneficial if you’re dealing with financial strain due to lost income or medical expenses. Settlements also provide certainty, as you won’t be subject to the unpredictability of a judge or jury’s decision.

Settling often involves compromises. The settlement amount may be less than what you might achieve in court, especially if the insurer pushes for a lower payout. You also forfeit the chance to hold the at-fault party publicly accountable, which can be important for some claimants seeking justice.

Once a settlement is agreed upon, it is final—you cannot reopen the claim even if your condition worsens or new damages come to light. Insurers frequently start with lowball settlements, which is why it’s important that you don’t rush to accept the first offer.

Alternative dispute resolution methods, such as mediation and arbitration, offer a way to resolve personal injury claims without going through a full court trial. They are often less formal, making them a preferred option. ADR is particularly useful when both parties are open to negotiating a settlement but need a structured environment to reach an agreement.

ADR can save you significant time and money compared to litigation. Mediation, for example, encourages both parties to find common ground with the help of a neutral mediator, often resulting in quicker settlements. Arbitration, while more formal than mediation, is still faster than a traditional court case, and decisions are binding, providing closure.

Mediation outcomes are non-binding, meaning if no agreement is reached, you may still need to proceed with a lawsuit. In arbitration, while the decision is binding, you generally lose the ability to appeal, even if the outcome feels unfair.

Typically, ADR is most effective when both parties are motivated to settle and the case has clear liability. To learn whether or not ADR is appropriate in your case, speak to an experienced personal injury lawyer.

With over 140 years of experience fighting for fair compensation, Lancaster Chown & Welch LLP has championed the rights of survivors. So if you’re looking for St. Catharines personal injury lawyers, we can effectively and efficiently help you with your legal matters.

Schedule a consultation with our personal injury team near you to discuss your accident and understand your legal options!