Periodically we recommend that injured clients file a lawsuit in order to compel the at-fault insurance company to offer more money in settlement. Sometimes the injured victims express apprehension that they will have to go to trial.
The fact is that in the overwhelming majority of car and truck crash cases, that simply isn't true. Liability insurers often pay more once litigation has been initiated than before. So-called pre-suit settlement offers are calculated to weed out the cases where either the injured party is afraid to file suit or the their lawyer is.
Litigation does consume more lawyer time and it can be more profitable for lawyers not to push for the maximum attainable settlement but how can that be fair to someone who's life has been turned upside down by the negligence of another driver?
Statistically 90% of personal injury lawsuits are settled. So don't be afraid.