Detailed answer — how to choose the right demand amount for a broken arm injury in Minnesota
When you prepare a settlement demand for a broken arm in Minnesota, you are asking the at-fault party (or their insurer) to compensate you for all losses caused by the injury. The right demand amount combines proven economic losses (medical bills, lost wages), reasonable projections for future costs, and non‑economic harms (pain and suffering, loss of enjoyment). This article explains the legal and practical steps to build a well-supported demand and includes a clear hypothetical example so you can see how numbers are put together.
Key legal timing rule
Be aware of Minnesota’s statute of limitations for personal injury claims. In most personal injury cases you must file a lawsuit within the timeframe set by state law, or you risk losing the right to sue. For personal injury, Minnesota’s limitation provision is summarized in Minn. Stat. § 541.07. See: https://www.revisor.mn.gov/statutes/cite/541.07.
Step-by-step: how to calculate a reasonable demand
- Collect verifiable economic damages: medical bills, receipts, prescription costs, imaging, emergency transport, and any out‑of‑pocket costs (braces, medical devices, travel to appointments). These are objective and added together as your base “special damages.”
- Document lost income: collect pay stubs, employer letters, and tax records proving time missed and wages lost. Include lost benefits or reductions in hours if applicable.
- Estimate future economic costs: if your fracture needs surgery, physical therapy, repeat imaging, or causes long‑term limitations, get medical opinions and cost estimates. Use a present‑value approach or ask a medical vocational expert for future earning‑capacity impacts.
- Quantify non‑economic damages (pain and suffering): these are subjective. Common industry approaches in Minnesota: the multiplier method (multiply total past economic damages by a factor — e.g., 1.5–5 — depending on severity and permanence) or the per‑diem method (assign a daily dollar value for pain times number of affected days). Neither method is law; they are tools used to create a reasoned demand backed by evidence.
- Adjust for liability and comparative fault: Minnesota reduces recovery based on the plaintiff’s percentage of fault. If you were partially at fault, that percentage will reduce any settlement or award. Consider how this will affect your negotiating posture.
- Consider insurance policy limits: the defendant’s liability insurance often caps recoverable money. High demands beyond the policy limits have different negotiation dynamics and may require suing the defendant personally.
- Add a buffer for negotiation and fees: initial demands are normally higher than your expected final recovery. Lawyers typically expect to negotiate. If you plan to hire counsel, consider typical contingency fees (often 25–40%) and litigation costs when deciding your demand.
Hypothetical example: displaced forearm fracture that required surgery
Facts (hypothetical): a 35‑year‑old with a displaced radius and ulna fracture after a car crash. Surgery and hardware (open reduction internal fixation), 12 weeks of physical therapy, $48,000 in medical bills, 8 weeks lost work at $1,000/week.
- Past medical expenses: $48,000
- Past lost wages: $8,000
- Projected future medical care (hardware removal, follow‑up, long‑term PT): $7,000
- Total economic damages = $63,000
- Non‑economic damages (pain & suffering): if you use a multiplier of 2.5 for a serious injury with surgery but good recovery, 63,000 × 2.5 = $157,500
- Demand amount = economic damages + non‑economic damages = $63,000 + $157,500 = $220,500
This demand leaves room to negotiate. If the insurer points to partial fault, say 20% plaintiff fault, any final award would be reduced accordingly (80% of the negotiated amount). If the defendant’s policy limit is $100,000, realistic settlement prospects will be constrained by that cap unless the defendant has substantial personal assets.
Evidence and documentation that support higher, credible demands
A demand backed by objective records will be taken seriously. Important supporting items include:
- Complete medical records and itemized bills
- Physician letters explaining the diagnosis, treatment, and prognosis
- Employment verification of lost wages and return‑to‑work restrictions
- Photographs of injuries and the accident scene
- Receipts for out‑of‑pocket expenses
- Diary or log of daily pain, limitations, and care needs
When to get an attorney involved
Consider consulting a personal injury attorney if any of the following apply: the injury required surgery, medical bills are high, liability is disputed, the insurance policy is complex, or future earning capacity is affected. An attorney can prepare a formal demand letter, calculate future damages with experts, and negotiate or litigate if needed.
Practical negotiation and presentation tips
- Open with a clear, documented demand letter that lists damages and attaches key records.
- Explain non‑economic harms with concrete examples (sleep disruption, inability to perform hobbies, caregiving needs).
- Be realistic but firm: insurers evaluate credibility and documentation first, then sympathy and cost of litigation.
- Know the defendant’s policy limits and the likely cost of taking the case to trial when deciding whether to accept an offer.
Common pitfalls to avoid
- Accepting the first offer without reviewing all bills and future care needs.
- Failing to get a current medical assessment of long‑term limitations.
- Posting details about the accident or injuries on social media that the insurer can use to impeach your claim.
- Waiting until the statute of limitations nears before taking action—doing so can limit options.
Disclaimer: This article is educational only and is not legal advice. It explains general Minnesota practice and common methods for calculating a settlement demand. For advice about your specific situation, consult a licensed Minnesota attorney who can evaluate your records and the facts of your case.
Helpful Hints
- Start documenting immediately after your injury: save bills, correspondence, and a pain/activity journal.
- Request itemized medical bills and all imaging/operative reports from providers.
- Get a written work‑status letter from your treating physician for lost‑wage proof.
- Ask your doctor about future care needs and obtain estimates for therapy or additional surgeries.
- Don’t give recorded statements to adjusters before you have reviewed your records and considered legal advice.
- Remember the statute of limitations—see Minnesota law at Minn. Stat. § 541.07.
- If you hire counsel, ask about fee structure and how fees and costs will be handled if you recover money.