The goal of an attorney is to help their client have a positive resolution in their case and recover fair and reasonable compensation for their losses as soon as possible. In most cases, a car accident claim is settled out of court and a lawsuit is not required. However, a lawsuit is sometimes warranted, and it may be in your best interest to file one.   A defendant and their insurer may fiercely contest fault and/or the amount of compensation they owe. If they refuse to reasonably negotiate with you, you may need to file a lawsuit to get a court to compel them to pay a fair amount. A settlement may still be reached even after you file a lawsuit. Your attorney will consult with you as to the best course of action for your interests and case.