Most personal injury cases settle before they ever reach a courtroom, but some cases need to go to trial. Trials happen when the injured party and insurance company cannot reach a compromise that both sides think is fair (or at least palatable).
Trials can be intimidating for injury victims. Understanding what happens at a personal injury trial in Ontario can help reduce uncertainty and make each step feel more manageable.
A personal injury trial is not dramatic like TV. It is usually a structured, methodical process where both sides present evidence, witnesses testify, and a judge or jury decides whether the defendant is responsible and, if so, how much compensation should be awarded.
While not dramatic, trials can be emotionally and physically draining for injury victims. They are also uncertain and risky for both sides, and there can be significant cost consequences depending on the outcome.
By the time a personal injury case reaches trial, a significant amount of work has already been done. Your legal team will have gathered medical records, accident reports, photographs, expert opinions, employment records, and other evidence needed to prove your claim.
As a trial approaches, your lawyers will be working around the clock to prepare for your trial. You’ll need to work around the clock too. It’s not enough to show up and hope for the best.
You’ll be asked to prepare both alone, and with your lawyers. Things you’ll have to do include:
This preparation helps ensure that your story is presented clearly and accurately. It also helps you feel more comfortable with what to expect in the courtroom.
Most personal injury cases are heard by a jury. The first step in a trial is picking the jury. This is done by the lawyers and Judge – and most of it is random. While the lawyers have some control – you typically don’t have a lot of control over who is on the jury.
The main goal of jury selection is to select people who can listen to the evidence, follow the law, and make a fair decision (e.g., the court wouldn’t allow jurors who are biased).
Once the trial begins, each side gives an opening statement. The opening statement is a roadmap of the case.
Your lawyer will explain:
The defence lawyer will also give an opening statement, usually explaining why they dispute responsibility, the seriousness of the injuries, the amount of damages, or some combination of those issues
After opening statements, the injured person’s side presents evidence first. This may include testimony from:
Documents and physical evidence may also be introduced, such as medical records, photographs, pay records, surveillance footage, repair estimates, or expert reports. This is typically done through witness testimony.
For many people, testifying is the most stressful part of trial. Your lawyer typically will ask you questions first. This is called direct examination. You may be asked about:
In some cases, there is no direct examination – instead your lawyer will work with you to prepare a written statement called an “Affidavit” which tells your story.
Whether your evidence goes in by direct examination or affidavit, the defence lawyer will cross-examine you. Cross-examination can feel uncomfortable, but it is a normal part of the process. The defence may ask detailed questions about your medical history, prior injuries, work history, daily activities, or statements you made during the case.
The most important thing is to listen carefully, answer honestly, and avoid guessing. Trial preparation is designed to help you understand this process before you enter the courtroom.
After the injured person’s side finishes presenting evidence, the defence presents its case. The defence may call its own witnesses, including medical experts or accident experts. These witnesses may offer opinions that differ from your doctors or experts.
For example, the defence may argue that:
Your lawyer will have the opportunity to cross-examine the defence witnesses and challenge their evidence.
Once all the evidence has been presented, both sides make closing arguments. This is where the lawyers summarize the evidence and explain why the judge or jury should decide in their client’s favour.
Your lawyer will connect the evidence to the legal issues in the case and explain the compensation being requested. The defence will argue for a different result, often asking the judge or jury to dismiss the claim or award less money.
If there is a jury, the judge will explain the law that applies to the case. The jury then deliberates privately and reaches a decision.
If the case is heard by a judge alone, the judge will make those decisions. The judge will most likely take time (think several months) to review the evidence and release a written decision later.
The length of trial depends on the complexity of the case. A straightforward simplified procedure case may take 5 days. Most personal injury jury trials take 3-4 weeks. More complicated trials involving significant disputes about liability and damages can take up to 6 weeks or sometimes even longer.
For civil cases, you aren’t required at the Courthouse for the entire duration of your trial. You must be present to give your own evidence, but there are different reasons why you should or should not be present for other parts of the case. Talk to your lawyer about the best approach, and what days you should be at the Court.
Trial are emotional and stressful. Injury victims may have to speak publicly about pain, limitations, financial stress, and changes to their personal life. They may also hear the defence minimize their injuries or challenge their credibility.
At the same time, trial can also be empowering. It gives the injured person a formal opportunity to be heard, to present evidence, and to ask an independent decision-maker to hold the defendant accountable.
The process is serious, but it is not something you go through alone. Your legal team’s role is to prepare the case, guide you through each stage, and present your evidence as clearly and effectively as possible.
Going to trial in a personal injury case is a structured process designed to resolve disputes when the parties cannot agree on a fair outcome. While it can feel intimidating, knowing what to expect helps injury victims approach trial with greater confidence.
A trial is ultimately about telling the full story: what happened, how the injury changed your life, and what compensation is needed to address the harm caused. When settlement is not possible, trial may be the path that allows an injury victim to pursue justice and accountability.
If you or a loved one has been injured in Ottawa, Kingston or elsewhere in Eastern Ontario and you have questions about whether your personal injury case could go to trial, contact Bergeron Clifford Injury Lawyers for a free consultation. All we do is injury law, and we prepare every case for trial.
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