The short answer is yes. By taking their personal injury lawsuit to trial, an injury victim has the opportunity of obtaining a higher payout than what the insurance company initially offered through settlement negotiations. However, this is only if the plaintiff wins their case. Taking your case to trial can be quite a gamble, because on the one hand, you may receive more money than you would by settling, but on the other, you may also have the misfortune of walking away with nothing at all.