Deciding the Right Demand Amount for a Broken Arm Injury in New York

Short answer: A fair demand adds your economic losses (medical bills, future care, lost wages) and a reasonable amount for non‑economic losses (pain and suffering, loss of enjoyment), then adjusts for liability risks and insurance limits. In New York you must act before the personal‑injury statute of limitations runs. This article explains the steps, calculations, and evidence you need to arrive at a defensible demand.

Detailed Answer

1. Identify and total your economic damages

Economic damages are concrete out‑of‑pocket losses you can prove with bills, receipts, pay stubs, and expert estimates. For a broken arm, common economic items include:

• Emergency room, hospital, X‑rays, and surgical bills
• Follow‑up visits, physical therapy, and prescription medications
• Future treatment costs (e.g., additional surgery, long‑term therapy) supported by a treating doctor or life‑care/cost‑of‑care expert
• Lost wages and lost earning capacity if you missed work or will earn less in the future
• Out‑of‑pocket expenses (transportation to appointments, assistive devices)

Assemble itemized bills and medical records. For future costs, ask your treating physician to estimate needed future care and get a cost estimate from a clinic or life‑care planner. Document lost income with employer records or tax returns.

2. Estimate non‑economic damages (pain, suffering, loss of enjoyment)

Non‑economic damages compensate for pain, emotional distress, scarring, and interference with daily life. There is no fixed statutory formula in New York, so attorneys and insurers typically use:

• Multiplier method: Multiply total economic damages by a number (commonly 1.5 to 5 for many personal injuries). Lower multipliers suit minor fractures that heal quickly; higher ones fit complicated fractures requiring surgery, causing long recovery, residual weakness, or permanent impairment.
• Per‑diem method: Assign a daily value for pain and multiply by the number of days affected (less common for serious injuries because it requires defensible daily valuations).

Example (hypothetical): If your proven economic damages total $20,000 and your fracture required surgery plus three months of therapy with ongoing stiffness, a reasonable multiplier might be 3.0. That yields $60,000 in non‑economic damages, for a total claim of $80,000. This is only an illustration — true value depends on medical facts and evidence.

3. Consider future damages and present value

If you need future surgery or long‑term care, include a present‑value calculation so a lump‑sum settlement covers future costs. Use expert testimony (treating doctor, life‑care planner, economist) to justify the estimate.

4. Factor in liability strength and comparative fault

Assess how strongly you can prove the other party’s fault. Strong liability and clear damages justify higher demands. If liability is uncertain or you share fault, reduce your demand to reflect the risk. New York reduces recovery if a plaintiff is partly at fault — the expected reduction equals your percentage of fault. Adjust your demand to reflect that risk and the defense’s likely arguments.

5. Account for insurance limits and the defendant’s ability to pay

Often the practical ceiling is the responsible party’s insurance policy limits. If medical bills exceed available insurance, you still state the full value in your demand but prepare strategies for getting additional funds (e.g., pursuing multiple defendants, uninsured/underinsured motorist coverage, or a litigation plan).

6. Prepare a concise, well‑supported demand package

Your demand should include:

• A summary of how the injury happened and the legal basis for the claim
• Itemized economic damages with supporting bills and wage documentation
• Treating medical records and a clear chronology of care
• Photographs of injuries, accident scene, and property damage (if any)
• An explanation of non‑economic damages and the method used to calculate them
• A clear settlement number and a deadline for response

7. Watch the statute of limitations

In New York, most personal injury claims must be filed within three years from the date of the injury. If you wait until after that deadline, you generally lose the right to sue. See N.Y. C.P.L.R. § 214: https://www.nysenate.gov/legislation/laws/CPLR/214.

8. Use discovery to strengthen your position

If you file suit, New York Civil Practice Law & Rules provides for disclosure of relevant records and testimony. You can use discovery (medical records, depositions) to build or rebut value claims. See CPLR § 3101 on disclosure: https://www.nysenate.gov/legislation/laws/CPLR/3101.

9. When to consult an attorney

Talk to a personal injury attorney if you have significant medical bills, surgery, ongoing impairment, or disputes about liability. An attorney can help calculate future losses, obtain expert reports, and craft a demand that reflects the injury’s true value and the procedural posture.

Helpful Hints

• Document everything immediately: photos of your injury, the scene, and all medical bills and receipts.
• Keep a pain and function diary describing daily limitations, sleep problems, and activities you can’t do — this supports non‑economic damage claims.
• Request itemized bills and insurance EOBs (explanation of benefits) to prove economic losses.
• Get timely, consistent medical treatment. Gaps in care weaken your claim.
• Obtain wage verification from your employer and keep records of missed time.
• When estimating future costs, rely on treating doctors and, if needed, life‑care planners or vocational economists.
• Consider the insurance policy limit before naming an unrealistically high single defendant; you may need to identify all potentially liable parties.
• Be realistic in negotiations: insurers discount risk, and juries judge value differently than plaintiffs and lawyers.
• File before the three‑year statute of limitations (N.Y. C.P.L.R. § 214) even if negotiations are ongoing.

Disclaimer: I am not a lawyer. This article provides general information about New York personal injury claims and is not legal advice. For advice tailored to your situation, consult a licensed New York attorney.