Detailed answer — how to calculate a fair demand amount in Washington

This answer explains, in plain language, how people commonly set a demand amount after suffering a broken arm in Washington. It covers what to include in the demand, how insurers evaluate offers, and practical steps you can take to arrive at a reasonable number. This is educational information only and not legal advice.

Step 1 — Itemize your economic (out‑of‑pocket) damages

Start with hard numbers you can prove. Economic damages are the easiest to document and should appear in your demand as a line‑item list:

• Medical bills to date: ER, imaging (X‑ray/CT), doctor, surgery, hospital, physical therapy.
• Future medical costs: reasonable estimate for continued therapy, follow‑up visits, future surgery or devices (splints, braces). Ask your treating provider for a written estimate.
• Lost wages and lost benefits: pay stubs, employer statements, tax returns. Include time off work and reduced earning capacity if your job changed.
• Out‑of‑pocket expenses: travel to medical appointments, home modifications, childcare while recovering.

Keep receipts and medical records. Insurance adjusters will verify these amounts.

Step 2 — Estimate non‑economic damages (pain, suffering, scarring, loss of enjoyment)

Non‑economic damages compensate for pain, emotional distress, diminished quality of life, and any visible scarring or permanent limitation. Washington law does not set a simple formula; common approaches include:

• Multiplier method: add your economic damages and multiply by a number (commonly 1.5–5) depending on severity, permanence, and how clearly the injury impaired daily life.
• Per‑diem method: assign a daily dollar value for pain and suffering and multiply by the number of days you endured pain.

For a broken arm that healed without surgery, multipliers toward the lower end (1.5–2.5) may be reasonable. For a fracture requiring surgery, hardware placement, long physical therapy, residual stiffness or loss of function, expect higher multipliers (2.5–5 or more). Use comparables (past settlements or verdicts for similar injuries) where available.

Step 3 — Adjust for risk and legal factors

Adjust your demand to reflect the realism of litigation:

• Comparative fault: If the other side can argue you were partly at fault, a jury award may be reduced by your percentage of fault. Factor a conservative reduction into your demand.
• Evidence strength: Strong, contemporaneous medical records and witness statements support a higher demand. Weak or delayed treatment records justify a lower demand.
• Insurance policy limits: If the at‑fault party has low liability limits, the maximum realistic recovery may be that policy limit.
• Attorney fees and costs: Contingency fees (commonly one‑third for personal injury) and case costs reduce the amount that reaches you. Ask your attorney how their fee will affect net recovery.
• Statute of limitations: Don’t delay so long you lose the right to sue. In Washington, personal injury lawsuits generally must be filed within three years of the injury. See RCW 4.16.080: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080. Missing the deadline can bar your case entirely.

Step 4 — Build the demand letter

Your demand letter should:

• State the facts briefly and clearly (how the injury occurred).
• List and attach proof of economic damages (bills, receipts, wage documentation).
• Explain non‑economic harms with specific examples (limitations in daily activities, sleep issues, emotional impact).
• Give a single total demand number and explain how you arrived at it (economic subtotal + non‑economic justification).
• Include a deadline for response and specify whether you expect payment or policy limitation discussions.

Step 5 — Expect negotiation

Insurers rarely pay a demand in full. Start somewhat higher than your minimum acceptable net recovery so you have room to negotiate. Be prepared to justify your numbers with records, provider statements, and photographs. Consider mediation if negotiations stall.

When to talk to a lawyer

Consult an attorney if:

• Injuries are severe, involve surgery, permanent impairment, or ongoing care.
• Liability is disputed and the facts are unclear.
• Your potential recovery approaches the at‑fault party’s policy limits.
• You’re unsure how to estimate future medical costs or loss of earning capacity.

An attorney can create a demand letter, calculate future damages with experts, and negotiate or litigate if needed.

Disclaimer: This is general information only and not legal advice. For advice about your specific situation, consult a licensed Washington attorney.

Helpful Hints — Practical tips for maximizing a fair demand

• Document pain and limitations daily in a short journal with dates and activities you couldn’t do.
• Obtain all medical records and an itemized billing statement; request future treatment estimates from clinicians in writing.
• Keep copies of pay stubs and a letter from your employer confirming time away or modified duties.
• Take photos of injuries, scars, and any assistive devices used during recovery.
• Ask providers whether they can provide a narrative report about prognosis and permanency—this strengthens future damages claims.
• Don’t sign releases or accept the first insurer check without understanding whether it’s a full settlement.
• Get a written estimate for future care from an orthopedist or physical therapist when possible.
• Consider the insurance policy limit early—sometimes the most realistic ceiling on recovery is the insurer’s limit.
• Be realistic about comparative fault: if you were partially responsible, assume a reduction in value when setting a settlement bottom line.
• If you hire counsel, discuss fees, costs, and how settlement offers will be reviewed and accepted.