Many people worry that starting a personal injury claim in Ontario automatically means years of stressful litigation. In reality, strong early advocacy can sometimes resolve even very complex cases without ever issuing a claim.
Recently, our North York personal injury law firm achieved a significant settlement within 13 months of an incident—and without formal litigation—despite serious challenges involving advanced age, extensive pre-existing medical conditions, and limited medical documentation.
This case is a powerful example of how the right legal approach can shorten timelines while still delivering meaningful results.
A Challenging Case From the Very Beginning
Our client, a woman in her late 80s, had been dealing with serious medical issues long before the incident occurred. She was hospitalized for kidney-related conditions and already required a wheelchair and walker to assist with mobility. Her overall health was fragile.
While being transferred by ambulance attendants from a stretcher to a hospital table for an MRI, the stretcher was dropped. At the time, she did not formally report the incident to hospital staff or treating physicians. The medical records did not document any immediate change in her condition.
However, she later reported ongoing shoulder and hip pain, and after being discharged home, she stated that she was no longer able to ambulate independently at all and had become entirely wheelchair-bound.
Given her age and existing health challenges, proving that this incident caused a meaningful deterioration in her function was far from straightforward.
The Complicating Factor: Significant Pre-Existing Conditions
One of the most common concerns we hear from injury victims—particularly older adults—is:
“Can I still have a claim if I already had health problems?”
This case highlights just how nuanced that question can be.
Our client had:
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Limited mobility prior to the incident
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Multiple serious medical diagnoses
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Extended hospitalizations before and after the event
There were no immediate medical notes linking the incident to her new limitations, which insurers often rely on to deny or minimize claims. Demonstrating a post-incident functional decline required careful, methodical analysis of extensive medical records.
Strategic Action Before Litigation Began
Our firm was retained several weeks after the incident. From the outset, we focused on preserving evidence and positioning the claim for early resolution.
Key steps included:
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Immediately notifying all potentially responsible parties, including:
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The hospital
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The medical transport company
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The stretcher manufacturer
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Making detailed demands for records and identities of all individuals involved to preserve critical testimony
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Conducting a thorough review of pre- and post-incident medical records to demonstrate measurable functional change, despite pre-existing limitations
This work was particularly important because early documentation gaps do not necessarily defeat a claim, but they do require thoughtful legal strategy.
Why Early Resolution Was the Priority
Given our client’s age and health, prolonged litigation was not in her best interests. Litigation can take years in Ontario, and delay can undermine both quality of life and practical outcomes.
Our goal was to:
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Advance the claim credibly and forcefully
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Make clear that litigation was a real and viable next step
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Encourage insurers to assess the case realistically and collaboratively
By persistently engaging the insurers involved—and facilitating dialogue between them on liability—we were able to move the case forward efficiently.
A Significant Settlement Without Ever Issuing a Claim
Once liability issues were resolved between the insurers, we negotiated a settlement that reflected the real impact the incident had on our client’s independence and daily life.
The result:
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Resolved within 13 months of the incident
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Less time than that since our firm was even retained
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No formal litigation commenced
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A meaningful recovery for our client without years of court proceedings
For her and her family, the outcome provided closure and financial support without the burden of prolonged legal stress.
What This Case Means for Injury Victims in Toronto and North York
This case demonstrates that:
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Pre-existing conditions do not eliminate valid injury claims
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Early, thorough advocacy can change the trajectory of a case
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Not every personal injury claim requires years of litigation
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Strategic pressure and preparation can lead to faster, fairer resolutions
At our North York office, we regularly help clients across Toronto, the GTA and the wider-Ontario area who are concerned about delays, complexity, or whether their case is “too difficult.”
Considering a Personal Injury Claim But Worried About Time?
Every case is different. Some claims do require litigation. Others—like this one—can be resolved efficiently when handled properly from the start. We review your case at the outset (and ongoing) to determine the best approach for you and your family. Litigation is not one-size fits all.
If you or a loved one has been injured and are worried about:
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Lengthy court processes
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Pre-existing medical conditions
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Whether a claim is even viable
Speaking with an experienced personal injury lawyer early can make a meaningful difference.
