You have just been in a car accident and have decided to reach out to us for assistance with your personal injury case. You meet with our lawyers for the first time to discuss your options. You are hoping to have your case settled quickly but are shocked to hear it may take years to recover any compensation for your losses. 

Every case is different, and the timeline for each case can vary significantly. It is important to know that in Ontario, you only have two years from the date you of the accident to sue for damages. This is known as the limitation period. The sooner you reach out to us the better. Our lawyers will review the specific facts of your case to determine if proceeding with litigation is the best option. 

If you do decide to proceed through the litigation process, there are several steps you should be prepared for. Discussing these steps gives context as to why the process can be so lengthy. 

Once you have decided to retain our firm to assist with your claim, we can begin the litigation process. This begins with putting the Defendant on notice (i.e., mailing them a letter advising that a claim will be filed against them). 

Our lawyers can then begin negotiations with the Defendant’s insurance company. Often, insurance companies are unwilling to settle at this stage, as they do not have all the information about your injuries and damages needed to properly assess the claim. The next stage of the process is proceeding with filing a Statement of Claim – officially commencing the lawsuit. The Statement of Claim must be issued within the two-year limitation window. This means you can be waiting up to two years for the lawsuit to formally begin. 

Following the issuing of the Statement of Claim, the next stage of litigation is typically “examinations for discovery”. Head to this article to read more about what to expect during examinations for discovery. During this time, you may also expect to attend medical examinations, arranged either by our lawyers or your insurance company. This stage of litigation is primarily focused on evidence gathering, where both sides are trying to collect as much information about your accident and injuries as possible. 

Our lawyers may settle your case at any stage of this process; however, if at this time parties have not come to a resolution, the next step of the litigation process is “mediation”. This is where both parties and a third-party mediator come together to try and negotiate a settlement. As of the date of this article, mediations are typically being booked a year following examinations for discovery. Very often personal injury cases are settled at mediation. This is your best opportunity before trial to come to a resolution.

If mediation is not successful, the case then proceeds to trial. Unfortunately, due to COVID-19, Ontario trials are incredibly delayed. As of the date of this article, trial dates are being booked approximately two to three years in advance. Remember – very few personal injury cases advance to trial, most are settled before this. However, it could be possible that your claim proceeds to trial, and if this is the case you must be prepared for lengthy delays. 

As you can now see, the litigation process typically takes between four to five years. It is an incredibly slow process, and there are many factors that determine how long your specific case may take. Deciding to proceed with litigation is a significant decision and should not be taken lightly. Thankfully, we are here to help guide you through the process. If you have any specific questions about your accident, do not hesitate to reach out to us.