You should probably consult with an experienced injury attorney here in Virginia. We are a 100% contributory negligence state. No one can give you any other advice about settlement without understanding all the facts.
Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information purposes only. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.
You should seek a free consultation from an experienced personal injury attorney. AVVO does offer a find a lawyer option. You can always expect the insurance company to assign a certain percentage of fault but you will not be treated fairly unless you have an attorney representing your interests. Good luck.
Personal injury cases are very fact oriented. Contributory negligence is an extremely common argument used by adjusters to diminish the value of your claim. The fact that they are offering to settle is a good sign. Regardless, you should definitely consult with a reputable personal injury attorney in your locality as soon as possible. Good luck!
This answer is for general informational purposes only. No attorney-client relationship is formed nor should any such relationship be implied. It is always recommended that you contact an attorney licensed in your state, that practices in the relevant area of law, to schedule an in-person consultation.
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