Ottawa Lawyer: Should I Settle My Personal Injury Case?

In the largest study of its kind, American researchers have determined that in personal injury lawsuits more often than not, it is a mistake for the plaintiff (injured party) to go to trial when there is a settlement on the table.

The study found that in 61% of cases, the plaintff would have been better off settling a personal injury case for the last offer made by the insurance company when compared to the result at trial.  The study found that when it was a mistake to go to trial, the mistake cost the plaintiff $43,000.

However, although the defendants were wrong in their decision to go to trial less frequently than the plaintiff, 24%, when they were wrong, it cost them an average of $1.1 Million.

It was relatively rare for both parties to be right to go to trial (15% of the time).  That would only happen if the plaintiff received less than they wanted but more than the defendant had offered.

The study reviewed cases out of California and New York.  In Ontario, it is only about 5% of personal injury cases that do go to trial.

You can be sure that if you are represented by lawyers at Auger Hollingsworth when fighting your personal injury case, we will tell you, straight up, when we feel you have received the best settlement possible balanced against the risk of a trial.   If you would like to speak to an experienced personal injury lawyer about the pros and cons of a trial in your case, please call us at 613 233-4529 or email [email protected].

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

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