HOW DO PERSONAL INJURY SETTLEMENTS WORK?

Most personal injury damages are meant to compensate the injured plaintiff and make them “whole” again. Essentially, this means to try to put a dollar value on all the impact and effect on the injured plaintiff’s life.

Some damages are easy to quantify, while others can be more difficult and often become a heated area of dispute between counsel and the parties. Property damage and medical bills may be calculated more easily than, say, pain and suffering and the effect on the injured plaintiff’s quality of life.

Understanding Personal Injury Settlements in Ontario

When someone is injured in an accident, the goal of a personal injury settlement is to provide compensation for the losses suffered as a result of another party’s negligence. In Ontario, most personal injury claims are resolved through out-of-court settlements, meaning they do not go before a judge or jury.

A settlement is not a windfall. It is meant to fairly address how an injured person’s health, finances, and overall quality of life have been impacted. This includes both immediate losses and long-term consequences that may continue well into the future.

Many personal injury claims in Ontario involve complex issues under the Insurance Act, particularly when insurance companies are involved. Understanding how the process in Ontario works is essential before deciding whether to reach a settlement or proceed further.

How Personal Injury Settlements Are Calculated

In simple terms, personal injury settlements are calculated by assessing how the injury has affected the injured parties and what losses can be supported by evidence. While every case is different, certain core factors apply to most injury cases.

These factors are considered when calculating a potential settlement amount:

• Medical expenses, including treatment already received
• Lost wages and loss of income due to missed work
• Reduced ability to work in the future
• Out-of-pocket expenses supported by documentation, such as a receipt
• Pain, suffering, and loss of enjoyment of life
• Future care needs and future costs of care if the injury prevents a full recovery

In many injury cases, injuries can take months or years to fully manifest. An injury may worsen over time, which is why settlements should never be rushed. Accepting compensation too early can leave an injured person without coverage for future needs.

Your Case Might Be Worth More Than You Think

While a personal injury lawyer may be able to give you a general idea of what your case is worth, there is no way to tell exactly what your case is worth if it were to go to trial or settle through negotiations. Many factors affect the value of your case, and no single case is the same.

At Bernstein Law Group, we get to know you and your case very well, and with that knowledge, we strive to persuade the other side of how your accident has had a detrimental effect on your life.

What Impacts the Value of a Personal Injury Case?

The value of a personal injury case depends on far more than just the initial diagnosis. The strength of the evidence, medical opinions, and how clearly the injury is related to the case all play a role.

Other important considerations include:

• Whether the injury prevents you from returning to work
• The seriousness of the accident in Ontario
• Whether the claim involves a car accident settlement or a slip and fall
• The credibility of witnesses and expert reports
• How the injury affects daily life and independence

Some cases can lead to higher settlements when liability is clear, and the long-term impact is well documented. An experienced personal injury lawyer understands how to position a claim so that these factors are properly recognized during settlement negotiations.

The Role of Insurance Companies

Most personal injury claims involve one or more insurance companies. While insurers play a necessary role in the system, their goal is often to minimize payouts rather than maximize fairness.

Insurance adjusters evaluate many personal injury claims every day. They rely on formulas, guidelines, and internal policies that may not fully reflect the real-world impact of an injury. This is why settlement negotiations can be challenging and why legal representation matters.

An Ontario personal injury lawyer understands how insurers assess risk and can push back when an offer does not reflect the compensation you deserve.

Should You Go To Trial or Settle?

It goes without saying that trials are risky, expensive, and a good personal injury lawyer will try to settle your case before trial. A settlement can be reached at any time, provided both parties have a meeting of the minds.

A settlement may be reached through discussions, meetings, or mediation. There are opportune moments throughout a file that may make sense to attempt a resolution.

The lawyers at Bernstein Law Group do everything possible to make the most of these opportune moments and give you the results you deserve

Whether to Settle or Start a Lawsuit

Deciding whether to settle or start a lawsuit is one of the most important decisions in the legal process. While many cases settle, some proceed to litigation when a fair settlement cannot be reached.

A settlement is an agreement between parties to resolve the matter without trial. If a claim goes to court, the outcome becomes uncertain and may take a long time to resolve. Trials can also increase legal fees and add stress for injured parties.

In Hamilton, ON, most claims settle before trial, but only after the evidence is fully developed. A well-prepared case strengthens your position and may help you settle before going to court.

How Long Does the Settlement Process Take?

There is no fixed timeline for how long a settlement usually takes. Some claims resolve quickly, while others take years, particularly when injuries are serious or ongoing.

The timeline depends on:

• Medical recovery and prognosis
• Whether the injury prevents a return to work
• The complexity of the personal injury lawsuit
• The responsiveness of insurance companies

Rushing the settlement process can be risky. Settlements should reflect not only current losses, but also the costs of future support if symptoms persist.

How a Lawyer Can Help You Understand Your Options

A lawyer can help you evaluate offers, assess risks, and decide whether to accept the settlement or continue negotiations. A lawyer can also help you understand the next steps in the legal process and what outcomes are realistic for your particular case.

At Bernstein Law Group, we guide victims of accidents in Ontario throughout the process, from initial consultation to resolution. We focus on practical guidance, clear communication, and results. We assist clients across the region, including Milton, Oakville, Dundas, Brantford, Stoney Creek, Burlington, Ancaster, and Cayuga.

When appropriate, we also review potential entitlements such as statutory accident benefits and how those benefits may interact with a settlement in Ontario.

Book a Free Consultation

If you were involved in an accident and want to understand your options, speaking with an Ontario personal injury lawyer is an important first step. We offer a free consultation so you can receive legal advice without obligation.

Whether your claim involves a car accident, a slip and fall, or other injury law matters, contact our personal injury team today to book a free consultation and learn how a personal injury lawyer can help you pursue the compensation you deserve.