Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific case in North Dakota, consult a licensed attorney.
Detailed Answer — How to choose the right demand amount for a broken arm under North Dakota law
Choosing a demand amount after a broken arm requires measuring the real, documentable losses (economic damages) and the harder-to-measure harms (non-economic damages) and then combining those with a practical assessment of liability strength, comparative fault, insurance limits, and negotiation strategy. Below is a clear, step-by-step approach you can use, with a short hypothetical example to show how the math and judgment calls work.
Step 1 — Document your economic damages (you must prove these)
- Medical bills: emergency care, hospital stays, surgery (e.g., open reduction and internal fixation), imaging, medications, follow-up visits.
- Future medical costs: physical therapy, possible revision surgeries, ongoing medication, assistive devices. Use doctors’ notes and expert estimates where possible.
- Lost wages: pay stubs, employer statements, and tax returns help prove time off work and lost overtime or bonuses.
- Lost earning capacity: if the injury affects long‑term ability to do the same work, get a vocational expert or economist estimate.
- Out-of-pocket costs: travel to appointments, childcare, home modifications.
Collect medical records, itemized bills (not just insurance explanations), employer letters, and receipts. Insurance companies base settlements primarily on verifiable economic losses.
Step 2 — Estimate non-economic damages (pain & suffering, scarring, loss of function)
- Non-economic damages compensate for pain, emotional distress, loss of enjoyment of life, loss of consortium, and permanent impairment. These are subjective but essential.
- Common methods: multiplier method (multiply economic damages by 1.5–5 depending on severity) or per-diem method (assign a daily value for suffering and multiply by the recovery period). Neither is legally required; they are negotiation tools.
- Factors that increase non-economic value: major surgery, long recovery, permanent loss of motion or chronic pain, nerve injury, visible scarring, young age with long-term effects.
Step 3 — Adjust for liability and comparative fault
Before you send a demand, assess how clearly the other party is at fault. If fault is shared, North Dakota rules about reducing recovery for a plaintiff’s own negligence will affect the ultimate payout. That assessment should change your demand size — a weaker liability case or a clear share of fault suggests a lower realistic demand.
Step 4 — Consider the defendant’s insurance and practical recovery limits
- Find out the at-fault party’s liability insurance limits. Most personal injury cases settle for some fraction of the available policy limits.
- If the defendant is uninsured or has very low limits, a very large demand is unlikely to lead to a big recovery unless there are collectible assets.
Step 5 — Build settlement strategy and craft the demand letter
- Start with a reasonable but firm anchor. Making an unreasonably low demand leaves money on the table; an unreasonably high demand can stall negotiations. Many practitioners start somewhat above the number they expect to accept to leave room to negotiate.
- Include a detailed damages spreadsheet: itemized past medical bills, projected future medicals, lost wages, and a clearly explained non-economic number with your chosen method and reasoning.
- Attach supporting documentation: medical records, bills, IMEs or expert summaries (if available), wage statements, photos, and a short chronology of treatment.
- Set a reasonable deadline for response and be prepared to negotiate, mediate, or file suit before statutes of limitation run out.
Hypothetical example (simple illustration)
Imagine a moderate displaced forearm fracture repaired with ORIF (plate and screws), three days in hospital, 8 weeks off work, and four months of physical therapy. Hypothetical supported values:
- Past medical bills: $22,000
- Future medical estimate (therapy, one possible hardware removal): $4,000
- Lost wages (8 weeks): $6,000
- Economic total: $32,000
If this caused significant pain, limited range of motion, and a permanent 10% functional loss of the dominant arm, you might apply a multiplier of 2.5 to 3.5 for non-economic damages (range varies with severity). Using 3.0 as an anchor:
- Non-economic: $32,000 × 3 = $96,000
- Total demand: $128,000
If the at-fault driver’s policy limit is $100,000, you might instead start the demand near policy limits (e.g., $150,000) while making it clear you will accept policy limits after a short negotiation period. If the liability is weak, you would reduce these numbers accordingly.
Step 6 — Use experts for higher-value claims
When future care, permanent impairment, or lost earning capacity matter, use medical experts, life-care planners, and vocational economists. Their reports justify larger demands and convince insurers the demand is credible.
North Dakota practical and legal considerations
- Statutes of limitations and procedural rules control when lawsuits must be filed. Consult the North Dakota Century Code and the state courts for timing and filing rules: North Dakota Century Code and North Dakota Courts.
- Insurance practices and adjuster behavior are similar across states: they value documentation, medical causation, and clear liability. If the case requires suing to get fair value, costs and risk of trial factor into your demand strategy.
When to call an attorney
Contact a North Dakota personal injury lawyer if you have:
- Major surgery or permanent impairment;
- Disputed liability or significant shared fault;
- Large past bills or claims that exceed insurance limits;
- Complex future care or lost earning capacity claims.
Helpful Hints
- Keep precise records: date-stamped medical records, itemized bills, photos of injuries, and a treatment timeline.
- Don’t sign releases or accept the first “final” offer without reviewing the full settlement package.
- If unsure how to value future care or permanency, ask for expert reports before making a final demand.
- Anchor your demand above what you expect to take, but keep it justified and backed with documents.
- Ask the insurer for the policy limits early. If the liable party’s limits are low, demand strategy should focus on the limits rather than potential jury verdicts.
- Be realistic about comparative fault; if you share responsibility, estimate a reduction and use it in settlement planning.
- Preserve deadlines: learn the applicable filing deadlines so you do not lose your right to sue—see the North Dakota Century Code for timing rules: https://www.legis.nd.gov/cencode.
- Consider mediation if negotiations stall; it can yield better value than a low insurer offer without full litigation costs.
If you want, provide a summary of your medical bills and a one-paragraph timeline of treatment, and I can help you draft a sample demand letter outline and a realistic demand range to discuss with an attorney in North Dakota.