Don't give up, lawyers suck most of the time, but there is one out there that will fight for you. If needed, if you are seeing a counselor, get a letter from them, saying that you were not suicidal, and that the accident wasn't do to that.

I was in an accident once which wasn't my fault, but I would have lost if it wasn't for the fact the person who hit me, kept changing his story.

Good luck, and keep fighting.