The saying goes: all a defendant has to do to win is to not lose.
This is profound! The burden of proof is on the plaintiff, so the status quo, or default position, favors the "bad guy". The bad guy can sit back and do nothing. If the plaintiff and her or his lawyer do not move the case forward, the defendant is happy. The default position is, bad guy wins!
In order for an injured plaintiff to win, he or she must pro-actively mount the proofs and push the defendant to the point where it is facing a court decision that amounts to a decision that "you lose". Then the bad guy settles - when "not losing" is no longer an option.
You win your accident and injury case by proving to the defendant that if they don't settle, they will lose at trial.