As your advocate, your lawyer will negotiate with the insurance adjuster to get the best settlement. Your attorney will advice you when the last and best offer has been made. It will be your decision to settle or take it to court, to follow your attorney´s advice or file a complaint in court. If you decide for filing a complaint the insurance company hires a defense attorney, who are not usually interested in settling the case. The case will first go to arbitration and the arbitrator will decide the amount you deserve.