Probably not. The art of accident litigation is to properly assess the value of a case and then settle. Many times a lawsuit will be required prior to all sides getting enough facts to make this evaluation. If the case proceeds to trial, everyone loses because most cases cost more to try than they are worth. Both your attorney and the insurance
company know this. Every now and then in extremely large cases with serious disputes about liability, a case will logically proceed to trial. Statistically, less than 1 % of accident cases go to trial. Every case, however, needs to be worked up as if it will go to trial because the probable trial result determines the value of your case. The attorney is always willing to go to trial if necessary, i.e., the insurance company persists in an unfair settlement posture.