First, Pedro and another are incorrect. As long as you are entitles to comprensation (noting possible no-fault laws), you can most certainlly collect for medical bills and 'pain and suffering". No attorney or suit is required.
There are _many_ things that you need to consider... will you be getting Personal Injury Protection (PIP) coverage from anyone in your household or the driver's policy that hit you? If you live in a PIP state are you allowed to collect anything from the other driver based on your medical bills and injury? The drivers adjuster should be able to tell you this.
Also, does the other person actually have insurance? all insurance companies will drop someone's policy if they have a suspended lic (no point in insuring someone who cannot legally drive) and most people who feel that they can drive with a suspended lic., don't think they have to pay for insurance either (scum of the earth manage to get their lic suspended and drive anyway... why would you expect them to pay for insurance).
I could go on and on about this situation but I'll say this... you can obtain the service of an attorney _at any time_. Perhaps you want to hear what the adjuster can do for you and then determine if you want to pay an attorney 33% of the settlement (meaning, you'd have to think the carrier is going to pay 33% more then their final offer to you). That is, if you only had $500 in medical bills and the other carrier offered you $1000 to settle, do you really think an attorney could get you doubt that?
Lastly, if you are going to settle on your own, before you do, contact the medical providers and see of you can pay them a percentage of what they are charging. Don't mention what the settlement is. Many times the providers will take 50% or so of what they bill for as, we all know, their bills are inflated anyway.
please specify as it depends on the crime and which court you are going to