The answer to this question is complex and one you usually cannot get a definitive answer to immediately following a personal injury. Consulting with a personal injury attorney is the first step in getting the answers on how best to proceed with your case and your chance at recovering compensation for your losses. Many personal injury cases never see a courtroom or require a lawsuit filing. Often, a personal injury lawyer can help a victim negotiate a successful insurance claim that reasonably and fairly covers the damages to you. However, there are some situations where settling is not possible, or settling can cause you to miss out on a large amount of compensation you could otherwise receive through a court. Your lawyer is your best resource for understanding the specific intricacies of your case and when to file a lawsuit to get the compensation you need.