Juries in Ontario Personal Injury Trials: What They Know — and What They're Not Told
Juries in Ontario Personal Injury Trials: What They Know — and What They're Not Told
When most people think of a jury in Ontario, they picture a criminal trial. But did you know that juries are often used in car accident injury cases as well?
At Pranzitelli Law Firm, we frequently represent clients in personal injury lawsuits where the insurance company has requested a jury trial. And here’s the truth most people don’t realize: jury trials are often used by insurers as a strategy to minimize payouts.
Why Are Juries Used in Personal Injury Trials?
In Ontario car accident cases, either the injured person (plaintiff) or the insurance company (defendant) can request a jury trial. While juries are uncommon in other types of civil litigation, they’re standard practice in personal injury law—and insurance companies request them in 99% of cases.
Why?
Because juries tend to award lower damages than judges. Insurers know that everyday citizens—unfamiliar with the full legal context—are less likely to grant large payouts, even when justified.
Who Sits on the Jury?
In personal injury jury trials in Ontario, 6 citizens are randomly selected from the jury roll, which is pulled from a pool of over 180,000 Ontarians every year. These jurors are not legal professionals—they are ordinary people who are:
Sworn in to fairly and impartially hear the evidence
Required to decide cases based only on the evidence presented in court
What Are Jurors Not Allowed to Do?
Once selected, jurors must follow strict rules. They cannot:
🚫 Discuss the case with anyone outside the jury
🚫 Read or watch media coverage of the case
🚫 Research legal issues or evidence online
🚫 Reveal anything discussed during deliberations—even after the trial ends
These rules are designed to keep the process fair, but they also lead to some major gaps in what jurors are allowed to know.
What Juries Aren’t Told in a Car Accident Injury Case
There are several key facts that Ontario juries are not permitted to know—and these omissions can have a big impact on the outcome of your case.
1. The Defendant Has Insurance Coverage
Juries never hear that the person being sued is backed by an insurance company. Instead, the defendant's personal name is used in court. This can make it seem like the defendant will be personally responsible for paying damages, which can lower jury sympathy.
2. The Insurance Company Is Calling the Shots
In most motor vehicle cases, it’s the insurance company, not the defendant, that decides whether to settle or go to trial. But jurors won’t be told that. They’ll assume the defendant has control over the case, when in reality, all legal decisions are made by the insurer.
3. A Deductible Applies to Pain and Suffering Awards
Under Ontario law, a large deductible is applied to damages awarded for pain and suffering in car accident cases. This amount is automatically subtracted from what the jury awards—and the jury is never told. That means if a jury thinks they’re helping the plaintiff by awarding $60,000 in pain and suffering, the final amount could be slashed significantly before the plaintiff ever sees a dollar.
4. Jurors Are Not Held Liable for “Wrong” Verdicts
Jurors might fear that making the “wrong call” could have consequences. In reality, even if they deliver a verdict that goes against overwhelming evidence, jurors are not punished. That can influence decision-making—especially when legal concepts like “beyond a reasonable doubt” feel vague or intimidating.
Why This Matters for Your Personal Injury Claim
If you're pursuing a car accident injury lawsuit in Ontario, it's important to work with a lawyer who:
Understands how juries think
Can strategically present your case
Knows how to counter, insurance company tactics
At Pranzitelli Law Firm, we don’t just prepare your case—we prepare your story. Our goal is to make sure the jury understands the real human impact of your injuries, and we work to secure the maximum compensation you’re entitled to.
Injured in a Car Accident? Call Pranzitelli Law Firm Today.
If you’ve been seriously injured in a car crash and are facing an uphill legal battle with an insurance company, don’t go it alone.
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