Is there a formula for soft tissue back injury pain and suffering?

Hard to say without knowing more facts and knowing the standard and custom for the community you are in.

Yes, there are several factors that must be considered when looking at the value of a case. The severity and length of the injury are a couple of considerations.

There is no formula but the insurance industry has for years considered pain and suffering at twice the medical bills. It is a very inexact method to compensate you for pain and suffering but it is somewhere to start.

There is no set formula for pain and suffering. These days, insurance companies are really cutting back on their settlements as they are hurting in the economy and figure most people will not sue because of the time and effort involved. Many insurance companies are offering less than the medical bills to settle cases these days. Unfortunately, because lawsuits are expensive many people simply give in and settle and the insurance companies are feeling empowered by this and continue in their bad faith conduct, and there is nothing the third party can do unless they file a lawsuit and force the issue in court.

I suggest you consult with an attorney to discuss the details of your case and to ensure the best possible outcome.

No, no, no! There is no formula or calculation, and it would be grossly unjust to even try to develop one. Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best settlement in your case

No there is no formula. Compensation is based on the severity of each item of damage.

There is no formula. However, this does not mean you are entitled to nothing. Some things to consider are set out below: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain, or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I m hurt, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A personal injury settlement demand should begin wi

There is no formula, and having one would not make a lot of sense. There is a rule of thumb that you can get an insurance company to settle a case for two-to-three tines your 'special' damagesthe ones that are readily measurable in dollars.

There is no formula for pain and suffering. Pain and suffering is different for everyone and the amount that may be awarded can vary dramatically. A case with virtually the same damages can have wildly different monetary amounts for pain and suffering. This is due in large part to the type of jurors that decide the case. In terms of settlements, each settlement is a product what is agreed to by the parties involved. A plaintiff can recover money for past and future pain suffering that includes all of the following: physical pain, mental suffering/emotional distress, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, and humiliation.

Under Michigan law, you go to your own auto insurance company for the medical bills, lost wages, household replacement services, medical mileage. You can seek pain and suffering if your injuries amount to a "serious impairment of body function.". If they will not discuss it with you, get a lawyer.

I bet the insurer wants to pay you something because they want a Release from you on your bodily injury liability claim. You take a look at the nature and extent of the injuries, the pain, suffering, disability and loss of enjoyment of life activities, plus your medical bills (or reimbursement of your medical bills to your own insurers) and earnings loss, and reasonable value of your time lost and travel to medical appointments, and come up with a fair amount. If you only treated for two months, and you are feeling fine now, you probably can't expect to get more than like 2K / month for P&S. Demand high, like 10K and hope to negotiate.

State law says you are entitled to pain and suffering damages but there is no rule or guide as to how much. Jury can give you anything. It is usually based on the amount of your medical bills you need a good personal injury lawyer to help you. all insurance companies try to cheat claimants. That is what they are hired to do . obviously they don't admit any such thing but it is true. Their job is to save money for the company, not help you. don't believe a word of their TV ads.

Assuming you had a valid auto ins policy, you can recover for non-economic damages. You should retain a good injury attorney.

There is no hard and fast formula for calculating pain and suffering since each person reacts differently and each injury is unique. The counsel of an experienced PI attorney is most valuable in determining this element of your damages.

There is no formula, but while p&s awards have decreased in the last 5 yrs. b/c of the economy, can guarantee you the carrier contended you don't have injuries that justify any is obviously flat wrong, especially in as significant an impact as the one in which you were involved. The carrier is inexplicably playing hardball with no cards to play other than you are not yet represented. If that type of attitude from the carrier of the at fault driver doesn't make you want to retain counsel, can't imagine what would. Would be happy to deal with this ridiculous carrier because based on facts indicated they have no defense.

There's no formula, and they probably will not offer anything close to what you're entitled to unless you have an attorney who is willing to file suit.

There is no formula. The insurers know that they can refuse to pay and/or give you a low ball offer because they do not have any duty to treat you in good faith. This is because of successful insurance lobby efforts many years ago to eliminate bad faith claims against them. If you believe fair compensation is less than $10,001.00 you could file a small claims action. If you prove to a judge that you had injuries caused by the other driver and that you incurred reasonable medical expenses, incurred out-of-pocket expenses, loss of earnings, and suffered pain and suffering, you would force the person who hit you to prove you are wrong. Her insurance company can help her but cannot appear in small claims court for her. A judge will decide how much you should get and unless the insurance company appeals, they will be obligated to pay the judgment.

No formula exists that the insurance carrier must observe. This is the "soft" area of general damages and depends on many factors, starting with the treatment you received, nature of injuries, and specialties of doctors who treated you.