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Rail - very sad to hear it. My wife was rear ended a year and a half ago, while she was sitting stopped in a left turn lane (nothing she could have done). It took about nine months to settle the claim and finish the paperwork.
Take care of yourself first - make sure the doc's get you into physical therapy to work on the strained muscles. Don't overstress your muscles till they're properly rehab'ed.
Legal - hope there's some smarter folks on the forum than me. I handled our claim and I think we came out OK, but the car was totalled - so less to argue about. Getting a lawyer - weigh the attorney cost versus probable gain in your position. If it makes sense, do it.
Good luck, wish I had better advice, and glad you're mostly OK.
Concur with posts above - accidents suck.
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