I would make a report. Report it to your insurance. Take photos of the damage and contact the other driver's insurance to start a claim.
For a simple property damage claim, you may not need an attorney, unless you start getting jerked around by the at fault drivers insurance.
Did you do this case pro se? Slip and fall cases are tricky. What did the defendants argue in their summary judgment motion? Hard to answer your questions without more. Also, your questions are not very clear.
This is a serious matter. I am sorry to hear about the loss of your son. This is going to be a difficult time for you and if you have not already hire an attorney. They will know best regarding settlement after reviewing all the facts, documents and witnesses.
Louis J. Meyer
Meyer & Kiss, LLC
Offices in Chicago, Peoria & Rockford
312-765-0100 or 309-713-3751
Document your injuries. Make sure you go to court for the other driver's ticket. Save all bills related to the accident. Photographs of any trauma. Hire an attorney and start a claim. Do not delay with medical attention if you truly need it.
You can ask for more than just pain and suffering. You are entitled to more. The purpose of the claim is to get a fair and just restitution.
Do you know the amount of their policies? Did they have med pay? Are you going to have any long tern disability because of your eye? Any future treatment required? What county did this occur?
Sounds like you had a very serious injury. And if you don't already have one, have a lawyer review your claim. You will end up with a better result if you have an...