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How Long Car Accident Injury Claim Take in Ontario?

04/16/23

Car accidents are a common occurrence on roads all around the world. They can have severe consequences, resulting in injuries and even loss of life. Anyone can be unfortunate enough to fall prey to car accidents regardless of how careful they are on the road. There is no single reason for car accidents, and various factors, including driver error, mechanical failure, and adverse weather conditions, can cause them. 

The time it takes to settle a car accident injury claim or to take it to trial in Ontario can vary depending on several factors. From the complexity of the case to the severity of the injuries to the willingness of the insurance company to negotiate a fair settlement, the list goes on. 

If you’re looking for an Ottawa car accident lawyer to help you navigate the claims process, SG Injury Law is an experienced and reputable firm that can provide you with the guidance and representation you need. In this blog post, we’ll explore the factors that can affect the length of time it takes to resolve a car accident injury claim in Ontario.

Common factors that affect the timeline of car accident injury claims

Several factors can impact the length of time it takes to resolve a car accident injury claim in Ontario. These factors include:

  1. Severity of Injuries – The severity of the injuries sustained in the car accident can significantly impact the timeline of the claim. In cases where the injuries are minor and require minimal medical treatment, the claim may be resolved more quickly. However, the claim may take longer to resolve if the injuries are severe and require ongoing medical care or rehabilitation.
  2. Complexity of the Case – Cases that involve multiple parties, disputes over liability, or complex legal issues may take longer to resolve. Additionally, if there are challenges in obtaining necessary evidence, such as medical records or witness statements, it can further prolong the claims process.
  3. Insurance Company’s Response – The insurance company’s response can also impact the claim’s timeline. Insurance companies may conduct their investigations, request additional information, or dispute the claim, which can add delays to the process. Moreover, the workload and efficiency of the insurance adjusters handling the claim can also affect the timeline.
  4. Medical Treatment and Recovery – The duration of medical treatment and recovery can also affect the timeline of a car accident injury claim. It is essential to complete all necessary medical treatment and rehabilitation before settling the claim to ensure that the full extent of the injuries and related costs are accounted for. This can add time to the claims process, as it may take time to complete the medical treatment and assess the long-term prognosis.

Statistics on Timelines for car accident injury claims in Ontario 

The timeline for resolving car accident injury claims in Ontario can vary based on data and statistics from various sources, including the Ontario Ministry of Transportation. Here are a few details.

  1. Minor Injury Guideline (MIG) – In Ontario, there is a Minor Injury Guideline (MIG) that applies to car accident claims involving minor injuries, such as sprains, strains, and whiplash-associated disorders. According to the MIG, claims falling within this guideline should be resolved within 120 days, assuming no disputes arise.  If your case involves only a minor injury and no income or other pecuniary losses, you will not likely be entitled to damages by way of settlement or through a negligence lawsuit.
  2. Non-Minor Injury Claims – Claims involving non-minor injuries or complex cases can take longer to resolve. These car accident injury claims in Ontario take several years to resolve, depending on the abovementioned factors.  If a claim cannot be resolved within two years, litigation must be commenced.
  3. Litigation – If a car accident injury claim cannot be resolved through negotiations with the insurance company, it may proceed to litigation, further prolonging the timeline. Litigation can involve court proceedings, discovery, and potentially a trial, extending the claims process by months or even years.

Importance of seeking legal representation

Given the complexities and potential delays in the car accident injury claim process, seeking legal representation from an experienced Ottawa car accident lawyer is crucial. A skilled lawyer can provide valuable guidance and representation throughout the claims process, advocating for your rights and interests. They can also help gather necessary evidence, negotiate with insurance companies, and navigate any legal challenges.

The timeline for resolving a car accident injury claim in Ontario can vary depending on various factors, such as the severity of injuries, the complexity of the case, the insurance company’s response, and the duration of medical treatment and recovery. Seeking legal representation from an experienced Ottawa car accident lawyer can be crucial in navigating the claims process, ensuring your rights are protected, and increasing the chances of a successful outcome. If you have been injured in a car accident or someone you know is a victim, it is essential to consult with a qualified car accident lawyer who can provide you with the necessary legal guidance and support. Contact SG Injury Law, a reputable Ottawa car accident law firm, for expert legal assistance in handling your car accident injury claim.