One of the most common questions we hear from clients when we first meet with them is: “How long will my claim take?” Unfortunately, there isn’t a simple, one-size-fits-all answer. Every personal injury case is unique, and the timeline depends on a variety of factors.
Below, I outline a few factors which can influence the length of time your case takes before a resolution (a trial or settlement).
Overview
Often even the most basic principle of personal injury litigation can be overlooked. A lawsuit for personal injury is rarely about punishing a wrongdoer – those are goals of the criminal and regulatory systems – instead its about compensating someone for their loss. In other words, its about putting people back into the position they would have otherwise been in but for the accident or injury.
This is and must always be the primary focus for a personal injury claim.
The Role of Medical Recovery
One of the biggest factors that affects timing is your medical recovery. Personal injury claims are closely tied to your health, since the severity of your injuries and their long-term impact must be understood to a reasonable degree before a claim can be resolved.
- If you recover fully and quickly, your case may move forward faster because it can be easier to measure the loss you have sustained.
- If recovery takes time, or if a full recovery is not possible, it’s necessary to wait until your doctors can provide a clear picture of your prognosis. This allows us to better understand how your injuries will affect your work, daily life, and long-term care needs.
Rushing this step risks undervaluing your claim.
Complexity of the Case
The more complex the claim, the longer it usually takes. Some examples include:
- Multiple injuries or catastrophic injuries that require input from several medical specialists.
- Disputes about liability—for instance, when the other party denies responsibility or when multiple parties are involved.
- High-value claims that require thorough documentation and negotiation.
Straightforward claims with clear liability and modest damages may settle in a shorter period, while more complicated matters may take years to resolve.
Settlement vs. Trial
Most personal injury claims in Ontario settle without going to trial. Settlements can often be reached through negotiation or mediation once the evidence and medical reports are complete. Trials, on the other hand, add significant time due to court scheduling, preparation, and the trial itself.
A General Timeline
Although no two cases are the same, here is a broad overview:
- Less complex claims may resolve in the range of 12-18 months.
- More complex claims may take several years, especially if the injuries are severe or disputed.
The key is that your lawyer will guide the process, ensuring that your claim isn’t resolved too quickly (before the full impact of your injuries is known) or unnecessarily delayed.
Final Thoughts
If you or a loved one has been injured, it’s natural to want answers and closure as soon as possible. While timelines vary, what matters most is reaching a fair outcome that reflects the full extent of your injuries and future needs. This can take time.
At Bergeron Clifford Injury Lawyers, we work with you every step of the way to move your claim forward while protecting your right to full and fair compensation.
SAMUEL DAVIES
Sam is an associate lawyer at Bergeron Clifford LLP.
His range of experience in civil litigation includes advocating in medical negligence, mental health, motor vehicle and boating accident actions, statutory accident benefits and various other personal injury matters.
