Not necessarily – most claims settle without filing a lawsuit. However, there are numerous factors affecting whether your case will be settled at the insurance claim stage. Some factors that may increase the likelihood of litigation include: disputed liability high damages treatment red flags (gaps in treatment, mis-diagnosed injuries, pre-existing conditions, etc.) the cooperativeness of the defendant driver (or their insurance provider) if you have made a statement that can be interpreted against you Otherwise, whether your case settles at the insurance settlement stage or at the litigation stage is entirely up to you. You ultimately decide whether the pre-litigation insurance settlement offer is acceptable, or whether you want to file a lawsuit. And of course, your attorney will provide their expert advice on what option is most advantageous under the circumstances.
