Detailed Answer — What to include when sizing a settlement demand for a broken arm under Nebraska law
This guide explains how to calculate a reasonable demand amount after a broken arm caused by someone else in Nebraska. It covers what damages count, practical valuation methods, factors that raise or lower value, documentation you need, negotiation strategy, and when to consult a lawyer. This is educational information only and not legal advice.
1) Types of damages you can claim
- Past medical expenses: emergency care, X-rays, surgery, hospital stays, physical therapy, prescriptions, medical equipment. Use billed amounts and insurance-paid amounts as supporting documents.
- Future medical expenses: ongoing therapy, future surgeries, long-term care or assistive devices if the injury creates lasting impairment. Get an estimate or expert opinion.
- Lost income: wages, overtime, bonuses, and benefits you missed while recovering. Include paystubs, employer statements, and tax records.
- Loss of future earning capacity: if the broken arm led to disability that reduces your ability to earn (get vocational or medical expert support).
- Pain and suffering (non‑economic): physical pain, emotional distress, loss of enjoyment of life, scarring or permanent impairment.
- Out‑of‑pocket costs: transportation to medical appointments, childcare, home modifications, or hiring help.
2) Common methods to convert medical and non‑economic losses into a demand number
There are no fixed Nebraska formulas for non‑economic damages in ordinary negligence claims. Common valuation methods used by attorneys and insurers include:
- Actual-cost baseline: Add past medical bills + documented lost wages + reasonable estimate of future medical costs. Then add non‑economic damages.
- Multiplier method for pain & suffering: Multiply verifiable economic damages (medical + lost wages) by a factor (commonly 1.5–5). Higher multipliers reflect more severe or permanent injuries. Use documentation to justify your multiplier.
- Per‑diem method: Assign a daily dollar amount for pain and suffering and multiply by the number of days you were affected. This is subjective—support it with records showing intensity and duration of pain and limits on daily life.
3) Factors that increase or decrease a reasonable demand
- Severity and permanence: A simple, cleanly healed fracture is valued far less than a compound fracture requiring surgery, hardware, or leaving permanent impairment.
- Age and occupation: Younger working people with manual jobs often recover more for lost earning capacity; retirees may have different valuations for lost wages.
- Liability strength: Clear fault (video, eyewitnesses) raises leverage. If liability is disputed, the settlement demand should reflect that risk.
- Comparative fault: Nebraska reduces recovery when the claimant bears some fault. Factor any shared fault into your demand. (See Nebraska law on comparative responsibility below.)
- Insurance limits: The defendant’s policy limits often set a practical ceiling. If liability is clear but the at‑fault driver has only $50,000 in coverage, that limits realistic recovery unless other assets exist.
- Medical liens and subrogation: If insurers or medical providers have subrogation or liens, the net recovery will be reduced; estimate net proceeds when setting a demand.
4) Evidence and documentation to support your demand
- Complete medical records, itemized bills, and explanations of benefits (EOBs).
- Photographs of injuries and the accident scene (if available).
- Pay stubs, employer letters, or tax records showing lost income.
- Physical therapy notes and statements from treating providers about prognosis and future care.
- A personal account or diary describing pain, limitations, and how daily life changed.
- Expert reports (orthopedist, vocational expert) for complex or long‑term impairment claims.
5) Practical steps to set your initial demand number
- Calculate documented economic losses: past medical bills + estimated future medical costs + lost wages.
- Choose a method to estimate pain & suffering (multiplier or per‑diem). Select a conservative and a high‑end estimate to create a demand range.
- Adjust for liability strength, comparative fault, and policy limits. If the defendant is partially at fault, reduce your expected recovery accordingly.
- Set an initial demand higher than the lowest amount you will accept. Insurers expect negotiation; start with a well‑documented number that leaves room to settle.
- Attach supporting documents and a clear summary in the demand packet. Explain the facts, injuries, treatment, prognosis, and your calculation method.
6) Negotiation tips and dealing with insurers
- Be factual and concise in the demand letter. Emotional appeals help to tell the story, but numbers must be backed by records.
- Expect the insurer to make a low initial offer. Use documentation to push back and explain why their offer undervalues your claim.
- Keep track of settlement deadlines and procedural rules. Stay professional and timely in responses.
- If you accept a settlement, you will sign a release giving up further claims related to the injury. Make sure the amount covers your foreseeable costs.
7) Timing and Nebraska procedural considerations
Don’t delay unreasonably in bringing a claim. Nebraska has time limits for filing lawsuits, and waiting too long can bar recovery. For personal injury claims, a plaintiff must file suit within the period prescribed by Nebraska law. See the Nebraska statute on actions for personal injury here: Neb. Rev. Stat. § 25-206 (statute of limitations for personal actions).
Nebraska law also reduces recoveries when the injured person shares fault. For details on comparative responsibility, see: Neb. Rev. Stat. § 25-21,185 (comparative responsibility).
8) When to hire an attorney
Consider hiring an attorney if any of these apply:
- The injury required surgery or will cause permanent impairment.
- Liability is contested or multiple parties are involved.
- The insurance policy limits are high or complex subrogation/liens exist.
- You face a low settlement offer that doesn’t cover expenses or future care.
9) Example (hypothetical) calculation for a moderately serious broken arm in Nebraska
Hypothetical facts: mid‑30s construction worker, displaced fracture requiring surgery and hardware, 8 weeks off work, 6 months therapy, some lasting stiffness.
- Past medical bills: $35,000
- Future medical estimate: $10,000
- Lost wages (8 weeks): $8,000
- Economic total: $53,000
- Pain & suffering (multiplier 3): $159,000
- Rough demand: $212,000 (then adjust for partial fault, insurance limits, and liens)
This is only an illustration; actual values vary widely.
Helpful Hints
- Keep thorough, dated records from day one: photos, medical visits, and symptom journals increase credibility.
- Get an early orthopedic evaluation. A treating physician’s prognosis is powerful evidence of future care needs.
- Ask your insurer and medical providers about liens and subrogation early so you can estimate net recovery.
- When you prepare a demand, include a clear summary, itemized damages, and copies of key records. Well‑organized packages settle faster.
- If an insurer asks for a recorded statement, consult an attorney first—statements can be used to minimize your claim.
- Remember insurance limits: a high demand may be realistic, but the defendant’s policy may limit what the insurer will pay.
Disclaimer: This information is educational and does not create an attorney‑client relationship. It is not legal advice. For advice about your specific situation, consult a licensed Nebraska attorney who can review your facts and documentation.