court action

I was involved in a car crash nearly two and a half years ago. The third party admitted liability and due to my injuries i had to wait a while before a claim could be processed. I have seen an independant consultant for my medical report and the solicitor ask for a settlement from the third party insurers. They have however been very difficult from the offset and have made not offer in the six week time period they had. My solicitor has now instructed court action to be take against them. My question is this am i likely to gain less of a settlement if i go to court and explain what happened to the sherriff?