Whether a case goes to trial or resolves by way of a settlement is ultimately up to the client. A car accident lawyer can advise you about what is in your best interests, can talk to you about the risks and benefits of a trial as well as the risks and benefits of a settlement. But ultimately the decision to accept a settlement or go to trial is the client’s decision.  It is important to know that an insurance company is not required to make an offer to settle a case and, in those situations, a trial must occur.