How to pick the right demand amount for a broken arm injury under Wyoming law

Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed attorney in Wyoming about your specific case.

Detailed Answer — how to determine a proper demand amount for a broken arm

Setting an appropriate demand (the written dollar amount you ask the insurer or opposing party to pay) means translating the real financial and non‑financial harm you suffered into a defensible number. Under Wyoming practice you should build a demand from objective, provable components, show how you calculated non‑economic damages, and then consider negotiation strategy and insurance limits.

1) Add up provable economic damages

• Medical bills already paid and outstanding — include ER visits, imaging (X‑rays/CT/MRI), surgeon/orthopedist fees, hospital charges, physical therapy, prescription costs and assistive devices (slings, splints).
• Future medical costs — if your records or an expert show you need ongoing care (therapy, follow‑up surgery, hardware removal), estimate those costs and include a present‑value figure or a conservative lump sum.
• Lost income — calculate wages lost for time off work using pay stubs, employer letters, or tax returns. Include lost fringe benefits where provable.
• Other out‑of‑pocket expenses — travel to treatment, childcare, home help, vehicle modifications or rental, and prescription co‑pays.

Document everything. Itemized bills, receipts, employer statements, and medical records are essential evidence an insurer will demand before paying.

2) Estimate non‑economic damages (pain and suffering, loss of enjoyment)

Non‑economic damages compensate for pain, emotional distress, scarring, reduced function, and loss of enjoyment of life. Because these damages lack a single objective number, lawyers commonly use one of two approaches:

• Multiplier method: multiply your economic damages by a factor that reflects injury severity. Lower‑severity fractures with full recovery often use multipliers near 1.0–2.0. More serious fractures with complications, long recovery, surgery, hardware, or permanent impairment may use higher multipliers (2.0–5.0 or more). Choose a multiplier supported by the facts: number of surgeries, permanent limitations, chronic pain, time to recover.
• Per‑diem method: assign a daily dollar value to pain and suffering and multiply by the number of days of recovery or impact. This method can work when the injury has a well‑defined recovery period.

For example (hypothetical): medical bills $12,000 + lost wages $3,000 = $15,000 economic. If the fracture required surgery and 6 months of limited activity, a multiplier of 2.5 gives non‑economic $37,500, yielding a baseline demand of $52,500.

3) Adjust for comparative fault, insurance limits, and collectability

• Wyoming courts reduce recoveries by the plaintiff’s percentage of fault. Before you demand, assess and document any risk that the insurer will claim you were partially at fault (e.g., not wearing protective gear, horseplay). That risk should reduce the demand or be reflected in negotiation strategy.
• Check the at‑fault party’s insurance policy limits early. If the carrier’s limit is low, an otherwise reasonable demand may be collectible only up to the limit. You might make a separate demand to the at‑fault party (for a higher amount) while pursuing settlement up to policy limits.
• Consider other sources of recovery: your own uninsured/underinsured motorist coverage, worker’s compensation subrogation, medical liens (Medicare, Medicaid, health insurers) and how liens will reduce net recovery.

4) Back up the number with documentation and narrative

An insurer will evaluate three things: liability, damages, and the credibility of your demand. Structure your demand packet to include:

• Clear chronology of the accident and treatment.
• Itemized medical bills and medical records showing diagnosis, treatment, and prognosis.
• Wage documentation and receipts for expenses.
• Photographs of the injury, accident scene, and of any scarring or limited function.
• Expert opinions if you claim future care or impairment (treating doctor, vocational expert, life care planner).

5) Choose a negotiation strategy

• Start somewhat higher than your target settlement to allow room to negotiate, but avoid extreme demands that float without support; insurers often reject unrealistic demands outright.
• If liability is clear, be firmer. If liability or causation is in dispute, prepare to accept a lower number or to pursue litigation.
• Include a deadline for response in the demand letter to encourage timely action.

6) Know timing and procedural limits

Do not delay beyond Wyoming’s statute of limitations for personal injury claims. If you wait too long, you may lose the right to sue. For statutes and filing requirements, see Wyoming statutes and consult counsel: https://wyoleg.gov/statutes/.

7) Consider hiring an attorney

An attorney can evaluate your liability risk, value non‑economic damages, handle lien negotiations, and negotiate with insurers. If the demand is close to policy limits or the injuries are complex, counsel often increases the likelihood of higher net recovery.

Practical sample calculation (hypothetical broken arm)

Facts (hypothetical): you suffered a mid‑shaft radial fracture when a driver ran a stop sign. You had ER care, surgery with plate fixation, 10 physical therapy visits, and 3 months off work.

• Paid and outstanding medical bills: $18,000
• Future medical estimate (hardware removal and therapy): $4,500
• Lost wages and benefits: $6,000
• Economic total = $28,500
• Injury severity (surgery, hardware, 3–6 month recovery, some permanent stiffness): choose multiplier 2.5
• Non‑economic = $28,500 × 2.5 = $71,250
• Baseline demand = $28,500 + $71,250 = $99,750 → round to $100,000 as a reasonable demand

Adjust that demand down if the insurer will assert comparative fault (for example, 10% fault would reduce recovery by 10%). Also check policy limits — if the at‑fault driver only has $50,000 in liability coverage, a demand at $100,000 may be aspirational unless other sources exist.

Helpful Hints

• Document everything promptly. Photographs, contemporaneous notes, and timely medical care make your demand credible.
• Keep an itemized ledger of all expenses and lost time from work.
• Ask your treating physician for clear records about diagnosis, treatment, restrictions, and prognosis—these are the backbone of future medical estimates and non‑economic valuation.
• Get wage verification from your employer and copies of paystubs before sending a demand.
• Consider obtaining a brief medical‑legal report for future care if you claim long‑term treatment; insurers respect physician‑based future cost estimates.
• Check for liens (Medicare, Medicaid, health insurers, workers’ compensation) and understand how they will reduce your net proceeds.
• Find out the at‑fault driver’s insurance limits early. That will set realistic expectations.
• Include a clear settlement deadline in your demand letter to drive a timely insurer response.
• If you are concerned about how comparative fault might affect your case, discuss that risk with a Wyoming attorney before finalizing your demand.

For Wyoming statutes and more information about filing deadlines and civil procedure, visit the Wyoming Legislature’s statutes page: https://wyoleg.gov/statutes/. For personalized advice, contact a licensed Wyoming attorney.