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Detailed answer — how to calculate the right demand amount for a broken arm injury in Missouri

This guide explains, step by step, how people normally decide on a fair demand amount after a broken arm injury. It assumes you were injured through someone else’s negligence and you want to send a written settlement demand to the insurer or a responsible party. This is educational information only and not legal advice. Consult a Missouri attorney about your specific case.

1) Start with verifiable economic damages

Economic damages are the easiest to document and should form the foundation of any demand:

• Past medical expenses: itemize all bills — ER, X‑rays, surgery, casts, medications, physical therapy, durable medical equipment. Use the actual billed amounts and any paid amounts from providers or insurers.
• Future medical expenses: estimate likely future care (additional surgeries, ongoing therapy, follow‑up visits, prosthetics or adaptive equipment). Ask treating providers for written estimates when possible.
• Lost wages: document time missed from work using pay stubs, employer verification, and a calculation of hourly or salary earnings lost. Include lost benefits if relevant (e.g., commissions, overtime, bonuses linked to time missed).
• Loss of earning capacity: if the broken arm causes a lasting limitation (reduced ability to do the same job), calculate reduced future earnings or need for vocational rehabilitation.
• Out‑of‑pocket costs: transportation to medical appointments, childcare, home modifications, or household help purchased because of the injury.

2) Add non‑economic damages (pain, suffering, emotional distress)

Non‑economic damages compensate for pain and suffering, loss of enjoyment of life, and emotional harms. These are subjective, so insurers and lawyers use established methods to estimate them:

• Multiplier method: add up economic damages and multiply by a number usually between 1.5 and 5. The multiplier rises with severity, permanence, and recovery length. For a straightforward broken arm that heals fully with short recovery, multipliers tend to be lower (1.5–2.5). For a complex fracture requiring surgery and leaving lasting impairment, multipliers are higher (3–5).
• Per‑diem method: assign a daily dollar amount for pain and multiply by days of recovery. This method is less common for varied injuries but can work if recovery has a clear duration.
• Hybrid and precedent: some claimants use a multiplier but adjust further based on comparable verdicts/settlements in Missouri and unique factors in the case.

3) Factor in liability and comparative fault

Before setting a demand, realistically assess who is at fault. Missouri reduces recovery by the claimant’s percentage of fault (comparative fault). If you are partially responsible, reduce your expected recovery by that percentage and set the demand accordingly. For example, if total damages are $50,000 but a reasonable assessment shows you were 20% at fault, insurers may only pay up to $40,000 (50,000 × (1 − 0.20)).

4) Consider insurance limits and defendant resources

Practical settlement value often depends on the at‑fault party’s insurance policy limits. If the defendant has a $25,000 liability policy but your calculated value is $70,000, you may demand more but understand the realistic ceiling is the policy limit unless other collectible assets exist. When multiple defendants or an employer with higher limits are involved, the potential recovery can be higher.

5) Account for future risks and negotiations

Insurers expect negotiation. Start with a demand that:

• Is high enough to leave room for counteroffers;
• Is supportable with documentation (medical records, bills, wage records, photos, witness statements); and
• Reflects realistic exposure based on liability and policy limits.

6) Example calculation — a simple hypothetical

Facts (hypothetical): adult fractured forearm in a fall caused by a store’s wet floor. No prior arm condition. Surgery and six weeks of physical therapy required. Missed two weeks of work.

• Past medical bills: $12,000
• Estimated future medical care (therapy, follow‑ups): $3,000
• Lost wages: $2,000
• Economic total: $17,000
• Non‑economic (multiplier 2.5 because surgery + moderate lasting stiffness): 17,000 × 2.5 = $42,500
• Total demand = economic $17,000 + non‑economic $42,500 = $59,500
• If claimant may share 10% fault: realistic recovery ≈ $59,500 × 0.90 = $53,550. You might still open with $75,000 as a negotiating position if the defendant’s policy limit allows.

7) Structure and contents of a good demand letter

A clear demand letter should include:

• A concise chronology of the incident; who, what, where, when;
• Medical summary with dates, diagnoses, and treatment; attach records and bills;
• Documented economic losses (wage statements, receipts);
• Explanation and calculation of non‑economic damages and how you arrived at the number;
• Photos of injuries/scene, witness statements if available, and a statement of present demand amount and any time limit for response.

8) When to hire a Missouri personal injury attorney

Consult an attorney if any of the following apply:

• There is a dispute over liability or you face a high‑value claim;
• You have a complex fracture, surgery, or suspected long‑term impairment;
• Multiple parties or claims (e.g., employer, property owner, vehicle involved);
• The insurer offers a quick lowball settlement before you understand the full scope of future medical needs.

9) Practical negotiation tips

• Do not accept the first offer without reviewing future medical needs.
• Keep thorough records—missing documentation weakens bargaining position.
• Consider obtaining a medical opinion about future limitations if you suspect long‑term issues.
• Be aware of liens (medical providers or insurers may assert liens against any recovery). A lawyer can help negotiate lien reductions.

10) Timing and Missouri procedural note

Missouri law sets time limits for filing suit. If an insurer stalls, find out the applicable filing deadline for personal injury suits and act early. Consult a Missouri attorney to confirm the deadline in your case and to preserve evidence and witness statements.

Helpful Hints

• Document everything from day one: photos, pain journals, all medical visits and instructions.
• Get medical treatment promptly; gaps in treatment can reduce claim value.
• Ask providers to give written estimates for expected future care.
• Keep a diary of how the injury affects daily life—this supports non‑economic claims.
• Request an itemized bill and explanation of any insurance payments or write‑offs.
• Before accepting any settlement, confirm who will be responsible for medical liens or subrogation claims.
• If unsure, get a lawyer to review a demand or settlement offer—many offer free initial consultations.

Disclaimer: This article explains general principles and common practices for setting a settlement demand for a broken arm in Missouri. It is educational only and not legal advice. Laws and deadlines vary; consult a licensed Missouri attorney about your situation to understand specific legal rights, statute of limitations, and strategies.