Hit by drunk driver

I am a Pennsylvania resident that was hit by a drunk driver while driving in New York. The accident occurred 12-25-01. My car was totalled and I was blessed with just a sprained foot, a bad case of whiplash, and a permanemt pinched nerve. I was out of work for 3 weeks, mostly on vacation time. I did return on crutches and limited duty. I hired a New York lawyer and went to therapy for three months. My lawyer is now telling me that my case is only worth $1000. She said I maybe able to get $1500 if I get written proof that I was out of work for several weeks. She said that under NY law, I can't get much out of a claim because I didn't have a broken bone or dismemberment. My MRI showed swelling, but she said it could be argued that the swelling predated the collision. Meanwhile, due to the collision, the driver that hit me is being prosecuted for the second time on drunk driving charges. Is there anything I can do to get more for pain and suffering other than suing the driver? His insurance covers up to $25k. I would think that I would get a nice chunk of that for losing a vehicle, suffering from a sprained ankle, suffering from a pinched nerve that bothers me to this day and losing time from work (I make $65000 a year so 3 weeks=$3750 of lost pay). Also, what would be the pros and cons of hiring a new lawyer?
Thank you for any advice you may have.