Even though many claims are resolved before a lawsuit is formally filed, there are some insurers that simply refuse to settle a claim for a fair amount. The extent of your injuries, the type of accident you had, the amount of insurance coverage available, who was at fault and the difficulty of proving that fault are all factors that may prevent you from reaching a fair and quick settlement with the insurance company. If you are unable to reach a fair settlement, your lawyer will probably recommend filing a lawsuit. However, even if a lawsuit is filed, your lawyer will continue trying to settle your case before the trial.