FastCounsel

This guide explains how to choose a reasonable settlement demand for a broken arm claim in South Dakota. It describes the damage categories, common valuation methods, South Dakota timing rules you should know, and practical negotiation tips. This is educational information only and is not legal advice.

1. Start with economic damages (documented, out‑of‑pocket losses)

• Medical bills: include ER visits, imaging (X‑rays, CT), orthopedic consultations, surgery, hospital stays, casts, medications, physical therapy, durable medical equipment. Add copies of bills and explanation of benefits (EOBs).
• Future medical care: if the injury requires ongoing physical therapy, future surgery, or long‑term care, get a written estimate from a treating physician or a life‑care planner showing projected future costs.
• Lost wages and lost earning capacity: include time off work, reduced hours, or future reduced ability to earn. Provide pay stubs, employer statements, and a calculation of lost benefits (401(k) contributions, bonuses, sick time).
• Other out‑of‑pocket costs: transportation to appointments, childcare, home help, and medication co‑pays.

2. Add non‑economic damages (intangible losses)

Non‑economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. There is no fixed formula in South Dakota law, but common valuation methods include:

• Multiplier method: add up past and reasonably certain future economic damages, then multiply by a number (commonly 1.5 to 5) depending on severity, permanence, and impact on life. A simple broken arm that healed well might get a low multiplier; a fracture with surgery, permanent loss of motion, or chronic pain would be higher.
• Per‑diem method: assign a daily dollar amount for pain and suffering and multiply by the days of recovery or life expectancy affected.

3. Adjust for comparative fault and legal limits

Your recovery can be reduced if you share fault for the injury. Factor in how likely the other side or a jury is to claim you were partially responsible (for example, failing to follow safety instructions). Also consider whether the defendant has limited insurance coverage; a high demand against a defendant with minimal insurance may not be realistic.

4. Consider intangible and case‑specific factors

• Severity of fracture (simple hairline vs. comminuted or compound fracture).
• Need for surgery, internal fixation (plates, screws), or bone grafts.
• Permanent impairment, scarring, or decreased range of motion.
• Delays in diagnosis or negligent medical care that increase injury or costs.
• Witness credibility, photos, surveillance, and the strength of liability evidence.

5. Use a realistic negotiation strategy

Put together an itemized demand packet: clear summary of facts, medical records and bills, wage documentation, photographs, a short demand letter stating your settlement number and a deadline for response. Set your opening demand with room to negotiate; don’t anchor at your lowest acceptable figure. If the insurer makes a low offer, respond with a reasoned counteroffer and highlight key evidence that raises value (surgery record, permanent impairment opinion, daily activity limitations).

6. Timing and South Dakota deadlines

South Dakota law imposes a time limit for filing personal injury lawsuits. Generally, you must file within three years from the date of injury. See S.D. Codified Laws § 15‑2‑14: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Title=15&Chapter=2&Section=14. Missing the deadline can prevent a lawsuit entirely, so preserve your rights while you negotiate.

7. When to get help

If the claim involves surgery, permanent disability, high medical costs, a complicated liability dispute, or an insurer’s lowball settlement, consult an attorney. An attorney can help estimate future costs, evaluate permanent impairment, negotiate with insurers, and, if needed, file suit before the statute of limitations runs.

Important: This is general information only and not legal advice. For advice about your specific situation, talk to a licensed South Dakota attorney.

Helpful Hints

• Collect and organize every medical record, bill, and EOB. Insurers will base offers on paperwork; missing records lower value.
• Keep a recovery diary describing daily pain, limitations, and how the injury changed your routine—this helps document non‑economic loss.
• Get employer verification of missed work and wage loss in writing.
• Ask your treating doctor for a written prognosis and any permanent impairment rating.
• Request cost estimates for future care from treating providers or a life‑care planner.
• Find out the other side’s insurance limits early; you often cannot recover more than the policy will pay without suing a deep‑pocket defendant.
• A clear, itemized demand packet with a deadline (usually 30–90 days) gets faster attention than informal emails.
• Don’t sign a medical release or full settlement release without reviewing what rights you give up; releases often prevent future claims for complications.
• If the other party claims you were partly at fault, gather evidence (photos, witness statements, police reports) to counter that claim.
• Track deadlines: preserve your right to sue if negotiations fail—three years is the usual South Dakota filing deadline for personal injury (see SDCL § 15‑2‑14).