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Why Your Auto Accident Case May Never Make it to Trial

It is estimated that only one out of every 100 personal injury cases resulting from automobile accidents gets to be heard in a court of law. Even with that kind of a ratio, the courts are still filled with people who want to have their cases heard.

The significant drop in the number of cases that go to court is a sign of the times. These days, lawyers are looking to settle out of court and help their clients get the financial help they need without the risks and costs associated with a trial.

Court Resources

With municipal budgets shrinking, there are fewer judges available to hear cases these days. In the 1950s and 1960s, a case would go to court without much problem because there were plenty of judges and a lot less vehicles on the road. Today, there are a lot of vehicles out there and the number of available judges has not been able to keep up with the demand.


Lawyers will often negotiate an out of court settlement because it simply takes too much time to get a case in front of a judge. In some instances, it can take years before a judge will hear your case and then months before a verdict is rendered. If the defendant decides to appeal the decision, then you are looking at even more time before any compensation may be paid. Negotiating an out of court agreement reduces the time it takes for the plaintiff to get compensated.

Unpredictable Outcome

During an out of court negotiation, both sides have goals they are trying to reach, and the process of negotiation can help them get there. Lawyers in Ontario are starting to realize that putting the fate of an auto accident injury case in the hands of a judge and jury could mean that the settlement awarded might not be nearly as much as a negotiated settlement. The risk of an unpredictable outcome from a judge and jury often causes both sides to take the route of negotiation rather than court.


When there were plenty of Ontario judges to hear auto accident injury cases, the idea of using an alternative to the courts was not widely considered. Today, mediation and other services that are available to both parties as court alternatives make it much easier to meet at the negotiating table, rather than taking any chances with a judge and jury.

Other Crimes

Just because the number of judges is dropping doesn't mean that the crime numbers are dropping as well. Crimes such as robbery, assault and white collar crimes are on the rise and taking up a lot of time in Ontario courts. With a clogged court schedule and only a few judges to hear the cases, it is a wonder that personal injury cases get heard at all.


For assistance with a personal injury and/or insurance claim, please email David Himelfarb at or call 1-855-446-7765, for a free case evaluation.

What Our Clients Say

I’d like to express my gratitude for you taking care of my car accident injury case. Your strong knowledge and experience solved this case smoothly. I don’t know what I would have done without your effort. Thank You, Best Wishes.

Lian Liu, Toronto, ON.