Disclaimer

This article is educational only and is not legal advice. I am not a lawyer. For advice about your specific case, consult a licensed Arizona attorney.

Detailed Answer — How to pick the correct demand amount under Arizona law

Choosing a demand amount for a broken arm claim means putting a dollar value on the full harm you suffered and then packaging that number so an insurance company or opposing party will seriously consider settlement. In Arizona, the same basic categories of damages apply: economic damages (medical bills, future medical costs, lost wages) and non‑economic damages (pain, suffering, loss of enjoyment). When applicable, compare the demand to available insurance policy limits and account for fault allocation under Arizona law. See Arizona Revised Statutes (Title 12) for civil procedure and damages guidance: https://www.azleg.gov/arsDetail/?title=12.

Step 1 — Add up your economic damages

Economic damages are the easiest to quantify because they come from bills and pay records. Include:

• All past medical bills related to the broken arm: ER, imaging, surgery, hospital stays, physical therapy, medications, medical devices (sling, brace).
• Anticipated future medical costs: additional surgery, ongoing therapy, durable medical equipment, estimated at today’s dollars (present value).
• Lost wages and lost earning capacity: pay stubs for time missed, a doctor’s note about work restrictions, and an estimate of long‑term impact if the injury affects future earning ability.

Example (hypothetical): past medical bills = $18,000; anticipated future therapy = $5,000; lost wages = $4,000. Total economic = $27,000.

Step 2 — Estimate non‑economic damages (pain and suffering)

Non‑economic damages are subjective. There is no fixed formula required by Arizona statute for pain and suffering in ordinary personal injury claims, but common industry methods include:

• Multiplier method: multiply economic damages by 1.5 to 5 (or more) depending on severity, permanency, and recovery time. A simple fracture with full recovery often gets a lower multiplier (1.5–2.5); a complex fracture with surgery, hardware, nerve injury, or lasting impairment may justify a higher multiplier (3–5+).
• Per‑diem method: assign a daily dollar amount for pain and suffering for the duration of recovery, then multiply by number of days of impact.

Example (hypothetical): Using the multiplier method with economic damages $27,000. If this was a displaced fracture that required surgery and several months of recovery, you might use a 3x multiplier: non‑economic = $81,000. Total claim value = $108,000.

Step 3 — Adjust for comparative fault and other offsets

Arizona reduces recovery by the plaintiff’s percentage of fault. If you were partially at fault, multiply the total value by the plaintiff’s share of fault recovery (for example, 80% if you were 20% at fault). Arizona law and court rules control allocation of fault; see Title 12 for how civil claims proceed: https://www.azleg.gov/arsDetail/?title=12.

Also consider liens and subrogation: health insurers, workers’ comp, or Medicare may have rights to reimbursement from your recovery. Those amounts reduce the net you receive even if you demand a larger gross amount.

Step 4 — Consider policy limits and settlement strategy

Most claims settle at or below the at‑fault party’s insurance limits. Before sending a demand, find out the defendant’s auto or general liability limits. If your calculated damages far exceed the policy limit, you can still demand the full value, but expect settlement negotiations to be constrained by insurance coverage.

Settlement strategy tips:

• Start with a demand higher than the number you will accept, supply documentation that supports the amount (medical records, bills, wage records, photos, expert letters if needed).
• If the injury is clearly severe, consider obtaining a treating physician’s letter or a life‑care plan to support future medical cost estimates.
• When policy limits are low, assess whether the defendant has other collectible assets before assuming a large judgment will be collectable.

Step 5 — Drafting the demand letter

A demand letter should concisely present facts, liability evidence, a damages breakdown (economic and non‑economic), and a specific dollar demand with a deadline for response. Attach supporting documents: medical records, itemized bills, lost wage proof, photos, and a short chronology of events.

Step 6 — Timing and deadlines in Arizona

Do not wait too long. Arizona has statutes of limitations and other time limits that can bar recovery if you delay. Consult the Arizona Revised Statutes, Title 12, for time limits and rules that apply to civil claims: https://www.azleg.gov/arsDetail/?title=12. If a government entity is involved, separate notice requirements and shorter deadlines may apply.

When to talk to an attorney

If your injuries are significant (surgery, nerve damage, long recovery, possible permanent impairment), if liability is contested, or if the insurance limits are substantial, consult a licensed Arizona personal injury lawyer. An attorney can run more precise future cost calculations, advise on comparative fault risks, handle negotiations, and evaluate liens and subrogation claims.

Helpful Hints

• Document everything early: photos, medical records, treatment dates, and work notes strengthen your demand.
• Keep an organized damage ledger: list each medical bill, date, purpose, and amount, and separate past vs. expected future costs.
• Get clear records of lost wages from your employer; include documentation of missed overtime or bonuses if applicable.
• Ask treating providers for short letters that summarize diagnosis, treatment plan, and prognosis — these bolster your future care estimates.
• Check applicable insurance policy limits early; demands tailored to available coverage often settle faster.
• Anticipate comparative fault arguments. If you may be partly at fault, plan your demand to reflect a realistic recovery after percentage reduction.
• Be mindful of liens (private insurer, Medicare, workers’ comp). Learn whether they will seek reimbursement from any settlement.
• Set a reasonable deadline in your demand letter (commonly 30–45 days) to prompt timely negotiation.
• When in doubt, get a free consultation — many Arizona injury attorneys offer one and can value your case and explain local practices.