hit from behind do to man driving while on cell phone, can i sue?

[Jesse]

hit from behind , car totalled, now have a bolging disk, many epadurel shots in my spine, which than caused me headaches for two weeks cause the fluid was leaking in my spine, so i had to get a proceedure done by getting a blood clot to stop the leak from giving me headaches, the docter and my self felt my electric therapy was really useless cause its for muscle damage, and my back is beyond that, so i signed my medical release forms after about 4 months of treatment 4 days a week, should i have not stopped, and also the man that hit me from behind was on his cell phone when he hit me, and he even said it to myself and my girl who was there at the scene, can i get more money cause of the phone, are could i possibly sue for negligence.