Disclaimer: This article explains general principles under Connecticut law and is not legal advice. Consult a licensed Connecticut attorney before making decisions about a demand or settlement.
Detailed answer — how to pick a demand amount for a broken arm claim in Connecticut
Setting the right demand amount requires adding provable economic losses, estimating fair non‑economic damages (pain and suffering), then adjusting for fault, future risk, and practical bargaining realities. Below are the steps most attorneys and adjusters use when valuing a broken arm claim.
1) Calculate provable economic damages (your baseline)
- Past medical expenses: include hospital bills, ER fees, imaging (X‑rays, CT), surgeon and orthopedist fees, physical therapy, medications, medical equipment (slings, braces), and out‑of‑pocket costs. Use actual bills and explanation of benefits (EOBs).
- Future medical expenses: get an estimate from your treating physician about future care (additional surgery, hardware removal, ongoing therapy). When future costs exist, experts or a treating surgeon’s letter can make them credible.
- Lost wages: use paystubs, employer statements, or tax records to show time missed from work. Include lost benefits if applicable (bonuses, sick time converted to lost pay).
- Loss of earning capacity: if the injury affects your long‑term ability to work (for example, a dominant arm injury for a manual laborer), quantify expected future wage loss; this usually requires vocational or economic testimony for larger claims.
2) Estimate non‑economic damages (pain, suffering, disability, scarring)
Non‑economic damages compensate for pain, emotional distress, permanent impairment, loss of consortium, and reduced quality of life. Because these are subjective, adjusters and attorneys use two common valuation methods:
- Multiplier method: multiply total economic damages by a number (commonly 1.5 to 5). Use a higher multiplier for severe outcomes (surgery, permanent impairment, nerve damage, chronic pain). For a simple closed fracture that healed uneventfully, the multiplier will be lower (often 1–2).
- Per diem method: assign a daily dollar amount for pain and suffering and multiply by the number of days from injury to recovery or MMI (maximum medical improvement). This is less common but sometimes useful for short, well‑documented recovery periods.
3) Adjust for liability and comparative fault
Connecticut reduces recovery if the injured person bears some fault. If you (or the defendant) were partly responsible, estimate your likely percentage of fault and reduce the demand proportionally. Also consider any insurance policy limits—the defendant can pay only up to their coverage.
4) Account for litigation risk and negotiation strategy
Adjust the demand for realistic negotiation:
- If liability is strong and medical records show surgery or permanent impairment, you can demand near your expected verdict value or above to leave room to negotiate.
- If liability is disputed or medical records are weak, start with a lower demand and be prepared to produce stronger documentation and expert support.
- Consider time value: insurers often pay less if you haven’t reached MMI. Waiting until recovery (or obtaining an expert prognosis) can produce a stronger demand and fewer offsets for unknown future care.
5) Example calculation (hypothetical)
Assume these facts: closed fracture of the radius and ulna in right arm, surgery with plate and screws, 6 months of physical therapy, permanent 8% impairment to the arm, $22,000 in past medical bills, $6,000 estimated future medical costs, and $4,000 lost wages.
- Economic damages = $22,000 + $6,000 + $4,000 = $32,000
- Choose a multiplier for pain & suffering. Because surgery and permanent impairment exist, many negotiators use 2.5–4.0. Using 3.0: non‑economic = $32,000 x 3 = $96,000
- Total demand = $32,000 + $96,000 = $128,000
- If you estimate being 10% at fault, an adjuster might reduce recoverable value by 10% (net ≈ $115,200) — so consider that when setting an opening demand.
6) Timing and documentation for an effective demand letter
- Wait for clear documentation: medical records, billing statements, a surgeon’s note about prognosis or permanence, and wage documentation.
- Assemble a demand packet: a cover demand letter stating the sum requested and why, chronological medical summary, copies of key medical records and bills, wage documentation, photos of the injury and accident scene (if available), and relevant police reports.
- State your bottom line and a deadline for response. Be professional and concise; show willingness to litigate if needed but emphasize settlement readiness.
7) Practical limits: insurance policy and exposure
Most personal injury claims resolve within available insurance limits. Ask early whether the at‑fault party has sufficient liability insurance. If the policy limit is lower than your valuation, you may need to consider suing the person directly or seeking coverage from secondary sources (your uninsured/underinsured motorist coverage if applicable).
8) When to get an attorney
Consult a Connecticut personal injury attorney when:
- Your injury required surgery or resulted in permanent impairment.
- Liability is contested or multiple parties share fault.
- The at‑fault party’s insurance is limited and recovery may require litigation.
- You’re unsure how to document future medical needs or lost earning capacity.
Helpful Hints
- Keep a medical diary. Note pain levels, limitations, and treatment dates—these entries help show non‑economic harm.
- Get all treating doctors to write clear notes on diagnosis, treatment, and prognosis. A surgeon’s letter about expected future care strengthens future medical cost claims.
- Obtain wage verifications early—paystubs, an employer statement, or tax returns. Document hours missed and any reduced earning capacity.
- Preserve evidence of the accident: photos of the scene, equipment, or hazards; witness names and contact info.
- Do not accept the first payment offer without verifying it covers all medical bills and future care. Insurers often open low to anchor negotiations.
- Consider the timing of MMI. Demanding too early can leave out future costs; demanding too late can delay recovery and complicate proof of pain and suffering.
- If you have pre‑existing conditions, clearly document how the accident worsened or caused new injury. Distinguish pre‑existing limitations from new, compensable ones.
- Ask about the defendant’s policy limits. If limits are low, you may need a strategy to preserve or maximize recovery (e.g., settlement with insurer plus a civil case against the defendant if warranted).
If you want, I can walk through a hypothetical calculation using your specific (non‑identifying) figures for medical bills, lost wages, and the injury course to estimate an appropriate opening demand under Connecticut standards.