Detailed answer — how to decide the right demand amount

1) Start with the concrete economic damages (your baseline)

Economic damages are straightforward to document and form the floor of any demand. Collect these items and add them up:

• Past medical expenses: ER bills, surgery, imaging (X‑rays/CT), hospitalization, medications, medical mileage and supplies. Use billed amounts and any adjustments showing what was actually paid or owed.
• Future medical expenses: estimated costs for follow‑up visits, physical therapy, future surgeries (e.g., hardware removal) or durable medical equipment. For significant future needs get a physician letter or life‑care plan estimating costs.
• Lost wages and lost benefits: time missed from work (pay stubs, employer statement), reduced overtime or bonuses, and lost future earning capacity if the injury causes long‑term impairment.
• Out‑of‑pocket costs: transportation, home help, childcare, and any special accommodations.

Example: Past medical $12,000 + anticipated PT $4,000 + lost wages $3,000 + out‑of‑pocket $500 = $19,500 economic damages.

2) Calculate non‑economic damages (pain, suffering, permanent impairment)

Non‑economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and permanent impairment or disfigurement. Because these are subjective, attorneys use common methods to convert them into a monetary figure:

• Multiplier method: multiply the economic damages by a factor that reflects injury severity and liability strength. Typical multipliers for a broken arm with temporary disability range from 1.5 to 3. More severe injuries with permanent loss or surgery may justify 3–6.
• Per‑diem method: assign a daily dollar value to pain and suffering and multiply by the number of days of impact.
• Impairment rating approach: if a treating physician gives a percentage impairment (e.g., reduced range of motion), attach a specific value to that percentage based on case comparables or a life‑care plan.

Using the example above, if you choose a multiplier of 2 for a broken arm with surgery and several months of therapy: non‑economic = $19,500 × 2 = $39,000. Total demand = $19,500 + $39,000 = $58,500.

3) Adjust for liability strength and comparative fault

Before you finalize a demand, evaluate:

• Liability: how clear is the other party’s fault? Strong, uncontested liability supports a higher demand.
• Comparative fault: Utah follows a comparative negligence scheme. If the other side can show you were partly at fault, the recoverable amount is reduced proportionally. Factor that risk in by lowering your demand or preserving negotiation room.
• Policy limits: the defendant’s insurance limit often caps recoverable money from the defendant. A demand far above available insurance may be unrealistic unless there are significant uninsured assets.

Example adjustment: If there’s a plausible 20% comparative‑fault argument, your $58,500 expected recovery could realistically be reduced to $46,800 (after 20% reduction). You may set the initial demand higher to leave room for negotiation.

4) Consider timing and future claims

Don’t demand prematurely. Wait until you have a reliable medical picture, especially for fractures that might later need surgery or result in permanent stiffness. However, don’t wait so long that the statute of limitations becomes a problem. For Utah statutes and filing deadlines, consult the Utah Code website and consider contacting a Utah lawyer to confirm deadlines that apply to your case: Utah Code (official).

5) Build a persuasive demand packet

A settlement demand should include documents that prove both liability and damages:

• Cohesive demand letter stating the facts, liability theory, and a clear number with a deadline for response.
• Medical records, itemized medical bills, and an explanation of future medical needs (doctor’s letters, life‑care plan if needed).
• Pay stubs or employer statements proving lost wages and any calculation for future earnings lost.
• Photographs of the injury and accident scene, witness statements, police report if available.
• A calculation page showing how you reached your demand (economic + non‑economic + adjustments for fault and policy limits).

6) Strategy: opening demand and negotiation room

Set your initial demand higher than your bottom line so you have room to negotiate. Typical practice is:

• Start with a demand that comfortably covers your ideal recovery (often 25–50% higher than the minimum you will accept).
• Have a clear fall‑back number and reservation of rights (e.g., preserving the right to re‑plead amounts if new facts appear).
• Be ready to explain and justify your non‑economic valuation with medical testimony, daily impact descriptions, and comparable verdicts when available.

7) When to hire an attorney

Consider hiring a Utah attorney if any of these apply:

• There is surgery, permanent impairment, or a long recovery;
• Liability is disputed or comparative fault is a serious risk;
• The defendant’s insurance policy is significant and negotiations require experienced advocacy; or
• You want help valuing future care and lost earning capacity.

Attorneys often work on contingency for personal injury cases and can help assemble evidence, obtain medical expert opinions, and present a demand that reflects the full value of your claim.

8) Example full calculation (hypothetical)

Facts: closed mid‑shaft radius fracture with ORIF (surgery), 6 months of PT, 3 weeks out of work.

• Past medical: $14,000
• Future medical (PT + possible hardware removal): $5,000
• Lost wages: $4,200
• Out‑of‑pocket: $800
• Economic total: $24,000
• Choose multiplier 2.5 for surgery + months of disability → non‑economic = $24,000 × 2.5 = $60,000
• Initial demand = $24,000 + $60,000 = $84,000

If there’s a 15% comparative fault risk, your expected recovery might be closer to $71,400. You may still open at $84,000 (or slightly higher) to allow negotiation down to a realistic settlement.

Statutes and deadlines

Statutes of limitation, rules on comparative negligence, and other procedural law affect case value and timing. Review Utah’s statutes and code for applicable deadlines and rules at the official Utah Code site: https://le.utah.gov/xcode/. For practical guidance about Utah civil procedure and comparative fault concepts, consult the Utah Judicial Branch: https://www.utcourts.gov/.

Important: This article explains common valuation methods and practical steps. It does not provide legal advice about your specific situation.

Helpful hints

• Do not accept the first low offer without documenting your full economic and non‑economic losses.
• Get a clear, written prognosis from your treating physician before sending a final demand; future treatment changes value a claim dramatically.
• Keep a pain and symptom journal and photo record of the injury and scars — these help prove non‑economic losses.
• Request medical records and itemized bills early. Insurers often question gaps or missing documentation.
• If the insurer points to pre‑existing conditions, ask your doctor to explain how the accident materially worsened your condition.
• Know the defendant’s insurance limits. If limits are low and damages high, consider whether it’s worth pursuing an excess judgment given practical enforcement issues.
• Preserve evidence: accident scene photos, witness contact info, and any physical evidence (damaged bike, guard rail, etc.).
• When in doubt about valuation or negotiation, consult a Utah attorney for a case review — many offer free initial consultations.

Disclaimer: This content is educational only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific claim under Utah law, contact a licensed attorney in Utah.