Whether a lawsuit is filed on a client’s behalf is dependent upon several different variables. First and foremost, if the insurance company offers fair value for your case a settlement is always a preferred result. However, insurance companies don’t always evaluate the cases in the same way the attorneys do. As a consequence, it is often necessary to file a lawsuit in order to convince the insurance company to make a better offer.  If a satisfactory offer is not made, then the case must be tried in the determination of value is left with the jury. This is always a gamble, but sometimes a necessary one.