Disclaimer: This is educational information only and not legal advice. For advice tailored to your situation, consult a licensed Delaware attorney.
Detailed Answer
When you or a loved one suffers a broken arm in Delaware, a settlement demand aims to translate the physical, financial, and emotional harm into a single dollar figure that starts settlement talks. Deciding the right demand amount means combining objective economic losses with a reasoned estimate of non‑economic losses, then adjusting for legal and practical factors like liability strength, fault, and insurance limits.
1. Add up objective economic damages (the foundation)
- Past medical expenses: ER visits, hospital stays, surgery, implants/hardware, imaging (X‑rays, CT, MRI), medications, physical therapy, durable medical equipment. Use medical bills and provider statements.
- Future medical expenses: estimated costs for anticipated surgeries, ongoing therapy, future imaging, medical devices, or revisions. Obtain a treating physician’s estimate or an expert life‑care plan for big cases.
- Lost wages and benefits: income lost while healing, vacation/sick time used, bonuses or commissions missed, and impairment to future earning capacity if the injury causes lasting limitations. Substantiate with pay stubs, employer statements, and vocational expert opinions for complex claims.
- Out‑of‑pocket costs: transportation to care, childcare, home help, medical supplies and prescriptions.
2. Estimate non‑economic damages (pain, suffering, loss of enjoyment)
Non‑economic damages compensate for pain and suffering, emotional distress, scarring or disfigurement, and loss of normal life. There is no precise mathematical rule, but common approaches include:
- Multiplier method: multiply total economic damages by a factor reflecting severity (common multipliers for arm fractures range roughly from 1.5 for mild, short‑term injuries up to 4–5+ for catastrophic injuries with permanent impairment).
- Per‑diem method: assign a daily rate for pain and suffering and multiply by days of recovery or permanent impact.
Choose the method that best fits the injury facts and document the reasons: length of recovery, surgeries, persistent loss of motion or strength, nerve injury, and how the injury affects work and daily life.
3. Factor in liability strength and comparative fault
Settlement value depends heavily on how likely the defendant is to be found at fault. If liability is clear (video, eyewitnesses, police report), you can be more confident in a higher demand. If the injured person may share fault, reduce the demand for the likely percentage of fault. Review Delaware law and court practice on fault allocation at the Delaware Code site: Delaware Code.
4. Consider insurance policy limits and practical ceilings
Most settlements are constrained by available insurance. If the at‑fault party has a $100,000 policy, a reasonable demand usually won’t exceed that limit unless there is a viable claim against other sources. When policy limits are low, you may pursue a full limits demand, and document why the insurer should pay the maximum.
5. Present a clear, well‑documented demand package
A persuasive demand letter includes a concise narrative of the injury, liability evidence, a chronology of care, medical records and bills, wage documentation, and a breakdown showing exactly how you arrived at the demand figure. Attach meaningful evidence: photos of injuries, clinic notes, operative reports, PT records, and witness statements.
6. Use realistic negotiation strategy
Start with an anchor (your demand), expect counteroffers, and build in concessions. If liability is strong and the injuries serious, it’s reasonable to ask for more than you expect to receive. In lower‑value or policy‑limited cases, make a focused demand at or near policy limits with supportive documentation.
7. When to involve experts or an attorney
Hire a lawyer if: the fracture required surgery or implants, you face substantial future medical costs, the injury causes permanent impairment or nerve damage, liability is contested, or the case implicates significant lost earning capacity. Experts (orthopedic surgeons, economists, life‑care planners, vocational specialists) strengthen demands for higher‑value cases.
Two hypothetical examples
Example 1 — Mild fracture:
- Facts: Non‑displaced distal radius fracture, closed reduction and cast, 6 weeks immobilization, 4 PT sessions.
- Economic damages: $3,000 medical + $800 lost wages = $3,800.
- Non‑economic: use multiplier 1.5 → $3,800 × 1.5 = $5,700.
- Suggested demand: round to $6,000 with documentation of care and wage loss.
Example 2 — Severe fracture:
- Facts: Comminuted fracture requiring open reduction and internal fixation, hardware implanted, 3 months off work, persistent stiffness and 10% permanent impairment.
- Economic damages: $45,000 past medical + $12,000 lost wages + $10,000 estimated future care = $67,000.
- Non‑economic: apply multiplier 3.5 → $67,000 × 3.5 = $234,500.
- Total suggested demand: $301,500 (round and document). If the defendant’s policy limit is $100,000, present a policy‑limit demand package supporting full limits recovery.
Practical tips on timing and documentation
- Wait until your medical condition is stable or until treating providers can reasonably estimate future care. Premature demands can miss future expenses.
- Organize records chronologically and include a demand cover letter summarizing the total and listing attachments.
- Maintain a damage ledger showing how each line item contributes to the demand number to increase transparency with the insurer.
Helpful Hints
- Document everything: photos, medical records, receipts, and employer statements. Insurers value clear proof.
- Keep a pain diary describing daily limitations and pain—useful for non‑economic claims.
- Get objective evidence of permanent loss: range of motion tests, functional limitation notes, or impairment ratings from treating physicians.
- Don’t accept the first low offer without checking policy limits and the strength of liability proof.
- Ask for medical lien payoffs and itemized bills when negotiating to make the economic component transparent.
- Consider a limited medical release that gives insurers only the records necessary to evaluate the claim—consult counsel before signing broad releases.
- For significant or contested claims, a lawyer can prepare demand letters, negotiate with insurers, and, if necessary, file suit within Delaware procedural time limits. For guidance on relevant Delaware statutes and filing rules, see the Delaware Code: https://delcode.delaware.gov/ and the Delaware courts: https://courts.delaware.gov/.
Choosing the right demand amount is a mix of precise documentation and reasonable judgment about how a jury or insurer will view your case. Strong records, medical support for future needs, and an honest assessment of liability and insurance limits will give you the best chance of getting a fair settlement.
Final note: This article explains general principles under Delaware practice and is not a substitute for personalized legal advice. To apply these concepts to your specific situation, consult a licensed Delaware personal injury attorney.