If the insurance company agrees to pay what we believe your case is worth, and you wish to settle for that amount, then your case will not go to court. This is what happens in most situations. However, if your attorney is not qualified to take your case to trial, and is not willing to prepare as if the case is going to trial, your claim will probably be worth less. Most cases that are filed in court do eventually settle without going to trial. However, no defendant or insurance company will offer a fair and reasonable settlement unless it is clear that you are ready to take your case to court and have a lawyer that has a winning record. Nothing brings a case to a fair settlement more successfully than the case that is properly prepared for trial.