It may be necessary to file a personal injury lawsuit if the at-fault party’s insurance carrier refuses to offer a fair settlement. In some cases, just threatening a lawsuit may result in the insurance carrier offering a higher settlement. Working with your attorney, you will have to make the decision about whether or not filing a lawsuit will be necessary. As we mentioned above, most personal injury cases are settled out of court. There is no guarantee that you will end up with a high jury verdict by going to trial. You could even lose a case and end up with no compensation at all.
You should work closely with your attorney in order to determine whether to negotiate a settlement or to take a case to trial.