Auto Insurance Claims: rear end accident with children, general damages, special damages

Question
Hi, I was in a rear end collision at an intersection. Light was red and my husband was the driver and saw that we going to be hit but since we was in the right hand lane and had 2 cars in front of us, there was no way to avoid it. The other driver admitted fault at the scene. We had our 4 children in the vehicle at the time. I started to feel pain in my back while waiting for the police. I went to the ER and I am currently in PT to help with on going back pain. I was off work for one week. I can't take car rides for longer than 25 minutes before intense pain comes upon me and I also cannot do all the regular housework activities, ie cooking, laundry, cleaning. No one else was hurt, but I was told I should be able to make a claim for my kids since they are all under the age of 18. So far, all of my medical bills are being submitted to the other person's insurance. What steps do I need to take to come to a fair settlement agreement? PT should last for one more month, but I think the insurance is ready to close the claim since they have repaired our vehicle. And what would a fair starting figure be to start negotiations?

Answer
It is too soon to settle your injury claim.  You should wait until you have been released by your doctor and you know the total amount of your "special" damages, which includes any out of pocket expense like medical bills, lost wages (even if you were paid by your employer), ad anything else.  You then add in an amount for "general" damages to cover pain, suffering, inconvenience, etc.  This amount is subjective.

If your kids were not injured, then they have no claim.  If they were checked out by their doctor, you could make a small claim for them.