If they refuse to negotiate with you and will not offer what you deserve, it will likely need to go into litigation.  That doesn't mean it WON'T settle, but it might give the defense a push in the direction toward settling since that is much cheaper.. . Don't keep an attorney you don't trust.  While most of them are looking out for your best interest, there are some bad apples (and that's why lawyers are so hated, because of the bad examples).