The answer to this is of course unknown. There are so many variables and unknowns to consider. If you have a trial by your peers, the case is worth whatever they say it is worth and if you have a crummy lawyer whom does not present properly your case you could go backwards in your settlement amount. Yet, you do get the satisfaction of your day in court.
Regardless, for us, personally being faced with no other option, we did receive more by going to court. But what your lawyer is not going to specifically point out is that when you go to court whatever medical bills the insurance company has paid this amount will come out of your final settlement and this is not before he/she gets there percentage.
So basically it will look like:
Court awards $30,000
Minus – Lawyer fee of $10,000
Minus – Medical covered by insurance of $5,000
Minus – Court fees and expenses of $5,000
AND YOUR TOTAL = $10,000
So consider if you are willing to take a chance with the court system. Do you have a winnable case? Do you have a good lawyer? Is the insurance company leaving you with no choice?