There is a good reason why an estimated 90 percent of personal injury cases settle out of court in Ontario. Personal injury trials can be extremely stressful and are usually expensive. 

Trials are especially expensive for defendants who typically pay their lawyers an hourly rate. The trial itself will not start until after a year and even after it starts, it may drag on for a few more years. Meantime they are paying their lawyer. There are also costs for hiring expert witnesses to account for, as well as court fees and general expenses like fuel.

For the plaintiff, a trial can be quite costly too. While you won’t have to pay your lawyer up front as they will get a percentage of whatever the court will award as compensation, you have to cover your transport, food, and other administrative costs. 

Let’s not forget that the trial outcome itself is not guaranteed to be in your favor. The defendant may successfully argue they are not fully at fault. It is not uncommon that a plaintiff may be awarded a lower compensation than the settlement offer they turned down. 

Even when the court finds in your favor and awards you the compensation you want, the defendant may appeal the decision and drag the matter on for a few more years. With your life literally on hold and possibly out of work and with medical bills to pay, life can get quite miserable. 

So settling out of court has many advantages for both the injured and the at-fault party. And the faster you can get this sad chapter behind you the sooner you can rebuild your life. That said, it does not mean you should accept any offer that is made: