Detailed Answer

This FAQ explains how injured people in Pennsylvania and their lawyers typically set a demand amount after a broken arm (fracture) caused by someone else’s negligence. This is educational information only and not legal advice.

1. Start by calculating your documented economic damages

Economic damages are objective, provable financial losses. For a broken arm these usually include:

• Medical bills (ER visit, imaging, surgery, casts, physical therapy).
• Future medical costs related to the injury (ongoing therapy, hardware removal, future surgery).
• Lost wages and lost earning capacity if you missed work or your ability to earn is reduced.
• Out-of-pocket costs (medication, travel to appointments, medical devices).

Collect itemized medical bills, provider records, receipts, pay stubs, employer statements, and expert cost estimates for future care. The total of these items is your baseline economic damages.

2. Add non-economic damages (pain, suffering, loss of enjoyment)

Non-economic damages compensate for subjective harms: physical pain, emotional distress, scarring or disfigurement, and reduced quality of life. Pennsylvania generally allows recovery of non-economic damages for personal injury claims; there is no broad statutory cap for ordinary negligence claims. How much to ask for depends on:

• The severity of the fracture (simple vs. displaced, intra-articular, open fracture).
• Whether surgery was necessary and whether there are complications.
• Permanent loss of function, stiffness, or permanent hardware in the arm.
• Length of recovery and intensity of pain or disability.

Common valuation approaches include:

• Multiplier method: multiply the economic damages by a factor (often 1.5–5). Use the lower end for short, uncomplicated recoveries and the higher end for severe, permanently disabling injuries.
• Per diem method: assign a daily rate for pain and suffering multiplied by the number of days until maximum recovery.

3. Consider loss of consortium or other claims if applicable

If the injury affects marital relations or family roles, additional damages may apply. These depend on the same factors above and are separate from the injured person’s pain and suffering.

4. Factor in insurance limits and defendant resources

Practical settlement offers often top out at the available insurance coverage for the at-fault party. Before setting a demand, obtain the defendant’s policy limits if possible. If the at-fault party has low coverage, the realistic recovery may be the policy limit unless the defendant has significant assets that you can reach.

5. Account for comparative negligence and other offsets

Pennsylvania follows a comparative negligence framework, which reduces recovery by the plaintiff’s percentage of fault. If you were partly responsible (for example, 20% at fault), the final award or settlement will be reduced accordingly. That potential reduction should influence your demand amount.

6. Use comparables and medical/expert support

Successful demands rely on records and evidence: complete medical charts, imaging, surgeon notes, therapy notes, wage records, and, when appropriate, expert testimony about permanency and future needs. If similar case settlements or verdicts are available, use them to justify your figure.

7. Set an initial demand strategically

Your initial written demand letter should present the full economic damages, a detailed narrative of injuries and treatment, and the non-economic figure you seek. Practically, plaintiffs often start with a demand higher than the expected settlement to leave room for negotiation—commonly 25–100% higher depending on confidence in the case and severity of injury.

8. Example calculation (hypothetical)

Facts: You break your dominant-arm radius in a fall. Treatment: ER, X-rays, open reduction and internal fixation (ORIF), 8 weeks in a cast, 12 sessions of physical therapy. Bills: $12,000. Lost wages: $4,000. Future care estimate: $2,500.

Economic damages = $18,500. If recovery is substantial but you have some lingering stiffness, you might choose a multiplier of 2–3. Non-economic value = $37,000–$55,500. Total demand range = $55,500–$74,000. If the defendant’s insurer limit is $25,000, the practical demand will reflect that cap unless you intend to litigate for underinsured recovery or pursue the defendant’s assets.

9. Remember the statute of limitations

In Pennsylvania, most personal injury claims must be filed within two years of the injury. See 42 Pa.C.S. § 5524. Missing that deadline can bar your case, so factor timing into your decision to send a demand or file suit: 42 Pa.C.S. § 5524.

10. When to consult an attorney

Consult a Pennsylvania personal injury attorney if:

• Your medical bills or future care are substantial.
• Permanent impairment or disability exists.
• Liability is disputed or comparative fault is likely.
• The at-fault party has high insurance limits or multiple potential sources of recovery.

An attorney can help quantify non-economic losses, obtain expert reports, calculate future damages, and negotiate with insurers.

Helpful Hints

• Document everything: keep all medical records, bills, prescriptions, photos of injuries, and a recovery diary describing pain and daily limitations.
• Get a formal impairment or disability rating from a treating physician if you have persistent deficits; it strengthens non-economic and future damages claims.
• Keep a wage log and employer statements to prove past lost income and to estimate future lost earning capacity.
• Ask the insurer for the policy limits early. Your realistic demand should account for what’s available.
• Use objective evidence to support high non-economic demands: long hospitalizations, surgeries, complications, or permanent loss justify higher multipliers.
• Be ready to negotiate: most cases settle. A clear demand package with organized proof increases your chance of a favorable early resolution.
• Consider timing: sending a demand too early (before knowing permanency) or too late (near the statute deadline) can hurt your position.
• Keep settlement authority in mind: if you work with an attorney, discuss acceptable bottom-line figures and negotiation strategy in advance.