Detailed Answer
If you suffered a broken arm because of someone else’s negligence, deciding on a fair demand amount involves calculating economic losses, estimating non‑economic harms, weighing liability and fault, and matching the claim to the defendant’s insurance limits and settlement incentives. Below is a clear, step‑by‑step approach you can follow under New Hampshire law so you can produce a reasoned, supportable demand.
1) Start with provable economic damages (easy to document)
- Past medical expenses: Add all bills and receipts for ER visits, imaging (X‑rays, CT), surgery, hospital stays, orthopedic visits, physical therapy, medications, medical equipment (slings, braces). Use billed amounts and, if available, proof of what you actually paid or the amount accepted as payment in full.
- Future medical costs: If your treating clinician expects ongoing care (therapy, future surgery, assistive devices), obtain a written estimate. Convert that estimate to present value if the costs extend many years—an attorney or an economist can calculate present value properly.
- Lost wages and benefits: Document time missed from work, pay stubs, employer statements, and any lost benefits. If your injury reduced your future earning capacity, get a vocational or economic assessment.
- Out‑of‑pocket costs: Include transportation to medical appointments, childcare, home help, and other reasonable, documented expenses caused by the injury.
2) Estimate non‑economic damages (pain, suffering, loss of enjoyment)
Non‑economic damages are subjective. Common methods to estimate them:
- Multiplier method: Multiply your total economic damages by a factor that reflects severity and permanence (common multipliers range from 1.5 to 5). Lower multipliers for short, simple fractures that heal fully; higher multipliers for fractures requiring surgery, causing chronic pain, loss of function, or permanent impairment.
- Per‑diem method: Assign a daily dollar value for pain and suffering and multiply it by the number of days you were affected (from accident through recovery or stabilization).
3) Adjust for fault, liability strength, and evidence
- Comparative fault: If you bear some blame, New Hampshire uses a comparative fault approach. Your recoverable amount may be reduced by your percentage of fault. Be realistic about any shared fault.
- Strength of proof: Strong medical records, clear liability evidence (photos, witness statements, video), and corroborating proof of lost wages increase the demand you can reasonably make. Weak proof or major disputes about causation require a more conservative demand.
- Future disputes: Anticipate common defense arguments (pre‑existing conditions, inconsistent statements, gaps in treatment) and either shore up the record or lower the demand accordingly.
4) Consider defendant resources and insurance limits
Most settlements are driven by the defendant’s liability insurance limits. Ask (through counsel) what the likely policy limit is. If damages exceed the policy, the insurer’s maximum often becomes your realistic ceiling unless the defendant has significant assets.
5) Use a combined, documented demand package
Your demand should include:
- A clear calculation of economic damages (with bills and receipts attached).
- Medical summaries from treating providers explaining diagnosis, treatment, prognosis, and any permanent impairment.
- Evidence of lost wages (pay stubs, employer letter).
- Photos of injuries and accident scene, witness statements, and any police or incident reports.
- A concise explanation of how you calculated non‑economic damages (multiplier/per‑diem) and why.
6) Two short hypothetical examples (to illustrate)
Example A — Simple displaced fracture, no surgery:
- Past medical bills: $6,500
- Lost wages: $2,000
- Economic total: $8,500
- Multiplier chosen: 1.5 (short term pain, full healing)
- Demand = $8,500 x 1.5 = $12,750
Example B — Complex fracture with surgery, therapy, some lasting stiffness:
- Past medical bills: $20,000
- Estimated future medical care: $12,000 (present value)
- Lost wages + reduced capacity: $15,000
- Economic total: $47,000
- Multiplier chosen: 3.0 (surgery, chronic symptoms, limited use)
- Demand = $47,000 x 3.0 = $141,000
7) Timing and litigation considerations
File a timely claim. New Hampshire imposes time limits on personal injury lawsuits. See the New Hampshire Revised Statutes on limitations of actions: RSA 508:4 (limitations for personal injuries). If you miss the deadline, you may lose the right to sue. If the insurer refuses reasonable offers, filing suit before the deadline preserves your rights and sometimes changes the negotiation dynamic.
8) When to involve an attorney
Consult an attorney if:
- Your injuries required surgery or have ongoing effects.
- The insurer denies liability or offers a low settlement inconsistent with your losses.
- You suspect future costs or lost earning capacity will be significant.
- Your case involves complex coverage, multiple defendants, or potential shared fault.
An attorney will help value future damages, obtain expert opinions, negotiate releases, and protect your rights under New Hampshire law.