I GOT REAR ENDED BY A FED EX TRUCK. THERE WAS NO DAMAGE TO MY CAR BESIDES PAINT. BUT MY LOWER BACK AND SHOULDER IS KILLING ME. WENT TO EMERGENCY ROOM THE NEXT DAY AND THEY DIDNT TAKE XRAYS BUT REFFERED ME TO A CHIROPRACTOR FOR PHYSICAL THERAPY.

You really have nothing to lose by contacting a personal injury lawyer. Insurance companies will routinely use the fact that that the property damage was low as a ploy to discredit your personal injury claim, despite the fact that numerous studies have proven that severe injuries can result from even the most minor accident.

How much money will i get back form my settlement that included my 4 months old and 3 year old in a car accident?

While there is not nearly enough information to answer your question, you should note that any settlement by the insurance company will be limited to the other driver's policy limit. If your damages exceed those limits, your only recourse would be your own insurance (if you have under insured coverage) or against the driver personally. 
With that said, there are many variables that determine settlement amount, one of which is the skill of a personal injury attorney.

Learn more about Auto PI Claim Values...

http://downtownlalaw.com/rear-end-collision-lawyer-los-angeles-car-collision-lawyer/

Generally, there is a strong presumption that a car that rear-ended another vehicle is at fault for the damages. There are exceptions however, and if you cut the dump truck off without leaving them ample time to stop, you would be at fault. Additionally, most jurisdictions follow some type of contributory negligence model, and it is possible that you would both be held liable to some degree. In this scenario, you would be entitled to compensation for only the percentage of fault attributed to the other drivers.

Car Accidents—What Happens When Other Driver Lacks Insurance

Car Accidents—What Happens When Other Driver Lacks Insurance

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In California, it is mandatory that every driver has insurance.  Unfortunately, in a state as large as this many drivers often fail to cooperate with all laws, and failure to procure proper insurance is one of the most egregious.  Even more troubling is the fact that even if the driver DOES have insurance, they may not have enough coverage to pay for all or even any of your damages.  The question therefore becomes, what do you do in a car accident where the other driver lacks sufficient insurance?

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In these situations, you are usually out of luck.  You could always pursue the driver from a personal level, but if the driver does not have insurance, you can pretty much bet on the fact that they probably don’t have any money to give you either.  Therefore, the only way to recoup your damages would be from your own insurance.  Therefore, it is imperative that you know your own insurance.

There are two provisions in your insurance that may provide for coverage.  An Uninsured Motorist Coverage allows compensation for both you and your passengers where the other party lacks insurance and at least contributed to the accident.  Property damage can, but is not necessarily covered here.

Underinsured Motorist coverage covers you when the other driver has liability too small to cover the full amount of your damages.  In this instance, the your insurance would mitigate the damages by paying the difference.

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Two important notes deals when the other driver is not the owner of the car, and when you are driving someone else’s car.

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When the other driver is not the owner of the car, you may go after the insurance of both the driver and the owner.  Furthermore, if only one of the two parties is insured, then that party that is insured is required to compensate you.  Obliviously, if neither are insured, you’re out of luck again.

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Similarly, if you are driving someone else’s car and are dealing with an opposing party who is uninsured, than your own uninsured coverage is really your only bet.  However, if the owner of the car gave you an unsafe car, i.e. faulty tires, breaks, lights etc., than you have a claim against the owner of the vehicle.

As Always, get a good attorney to make sure you get all the compensation possible.

Car Accident Checklist - What To Do After a Motor Vehicle Accident

 Car Accident Checklist 

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After talking to many personal injury attorneys, and specifically those specializing in motor vehicle, motor cycle and truck injuries, it has become increasingly apparent that most people have no idea what to do following a car accident.  Obviously, a large source of this ignorance is rooted in the causation of the accident itself, i.e. the trepidation followed by a major accident, the interaction with the other vehicle(s), as well as, among others the sudden and temporary loss of sanity.  To this end, I thought it would be a good idea to educate people on the proper procedures to follow subsequent to a car accident

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1.       Medical Attention

The first and most important priority of any car accident is ensuring the safety of everyone involved.  The American Justice system values life over any other entity, and with good reason.  This same policy should be followed after the scene of an accident.

2.       Witnesses

3^rd party witnesses are crucial to any motor vehicle accident, and can go a long way in helping your cause, especially if you are not at fault.  Make sure you identify all witnesses and ask whether they would be willing to verify the scene that took place.

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3.       The Parties Involved

Once and only once you have seen to the safety of all parties involved, make sure you document and gather all of the other parties information.  This includes their license plate number, the make and model of the vehicle, the vehicle vin number, all the insurance information, the other parties; driver license number, address and phone number as well as any other contact info

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4.       The Crash

Additionally, make sure you clearly and thoroughly document the scene of the accident.  This includes taking multiple photographs (which should be pretty easy these days with cell phones), diagramming the accident, verbalizing the occurrence of the accident and getting a copy of the police report.

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** Following these procedures will make your life a whole lot easier in the long run.   Additionally, as a personal injury lawyer there are a few extra nuggets I suggest to all people involved in a car accident.

·         Get medical attention you need ASAP

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·         -Never admit fault or make any self-incriminating statements

·         -Seek and follow through with all your medical needs and treatment

·        - Keep all records, including reports, medical expenses, and information safe and secure

·         -Notate everything

·         -Never answer questions from either the other party or their insurance.  Make sure you inform the other party that you are represented by a California Lawyer, and that they should handle all legal matters.

California Personal Injury - Whats the Point?

Personal Injury law, commonly known as Tort Law, refers to any type of law where any sort of wrongdoing has occurred.  But really, what is personal injury law and what purpose does it serve in our society.  First, almost any type of injury or harm can be constituted as personal injury.  However, the most common types of personal injury include motor vehicle accidents, accidents at work, slip and fall accidents, assault claims, medical negligence, product defects, animal, specifically dog bit attacks and wrongful death injuries

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From a public policy perspective, the purpose of personal injury law is hotly debated in American judicial forums.  Many people argue that personal injury law, and within this law, personal injury lawyers utilize this form of law to take advantage of the American Judicial system, a way to procure “easy money” and to prey on individuals, businesses and insurance company’s ability to function within our economic society.  However, this view severely undermines personal injury law’s true value to society.  Personal injury law functions as a means to police these entities in ways that otherwise would be impossible. For example, how many of you truly believe insurance companies would ever pay out if they did not face the risk of litigation.  The Americans with Disabilities Act (ADA) was pushed through, helping millions of Americans who otherwise are unable or incapable to fend for themselves live normal lives, primarily as a result of tort law.  Pharmaceutical companies test and re-test the safety of their drugs, not because they generally care for the overall well-being of individuals in society, but rather because they face the risk of harsh litigation from personal injury lawyers and personal injury law firms.   Every time your car company calls you to inform you of a product recall, this is a direct result of personal injury law and the work of personal injury attorneys. In other words, personal injury serves to police these large entities and protect those who would otherwise be left defenseless.

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Further strengthening this argument is the fact that most personal injury attorneys work on a contingency basis, whereas attorney's fee is a percentage of the plaintiff's eventual compensation, payable only when the case is resolved.  Therefore, the needs of the underprivileged are better served under a system that does not require money to have their legal rights protected.
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Therefore, the lesson learned here is that having personal injury attorneys is  essential in a well functioning and fair society.