Detailed Answer — How to choose the right demand amount for a broken arm injury in Indiana
When someone breaks an arm because of another party’s negligence, the demand amount you send to the insurer or the at-fault party should reflect the full value of your damages under Indiana law. That value combines your proven economic losses (medical bills, lost wages, future medical needs) and your non-economic losses (pain and suffering, loss of enjoyment of life, permanent impairment). This section explains the practical steps to calculate a reasonable demand and shows a clear hypothetical example so you can see how a number is built.
Step 1 — Collect and document your economic losses
Economic losses are easiest to calculate because bills and pay records prove them. For a broken arm you should gather:
- All medical bills and itemized statements (ER, X‑rays, surgery, hardware, physical therapy, medications).
- Medical records and provider treatment notes showing diagnosis and recommended future care.
- Pay stubs, employer statements, or tax records proving missed wages and lost benefits.
- Estimates for future medical costs (orthopedic follow‑up, occupational therapy, potential second surgeries, durable medical equipment).
Step 2 — Estimate non‑economic damages (pain and suffering, permanent impairment)
Non‑economic damages do not have bills attached, so claimants use accepted methods to estimate them. Two common approaches are:
- Multiplier method — multiply your total economic damages by a number (commonly 1.5–5). The multiplier reflects injury severity, treatment aggressiveness, permanence, and how the injury affected daily life. Minor fractures that heal quickly get lower multipliers; complex fractures with surgery and lasting loss of motion get higher multipliers.
- Per‑diem method — assign a daily monetary rate for pain and suffering and multiply it by the number of days you experienced pain or disability.
Either method can be reasonable; adjust the chosen number to match the facts and supporting records.
Step 3 — Put it together and add strategic padding
Combine economic and non‑economic damages to produce an estimated case value. Practices vary, but common approaches are:
- Use the multiplier on economic damages to produce a single “total damages” figure (economic × multiplier = total). Then set the initial demand above that total (for negotiation room).
- Calculate non‑economic separately (e.g., economic × (multiplier − 1) or per‑diem total), add it to economic losses, and then set a demand above the total to leave room for counteroffers.
Step 4 — Adjust for fault, policy limits, and collectibility
Before you finalize a demand, consider:
- Comparative fault: Indiana reduces recovery by the plaintiff’s percentage of fault. Make sure your demand anticipates any potential fault allocation and supports why you are not responsible.
- Insurance policy limits and defendant resources: If the at‑fault party has low limits, an insurer may be able to pay only up to the policy cap even if your damages are higher. If the defendant is judgment‑proof, a large demand will be symbolic unless you can identify other collectible sources.
- Liens and subrogation: Medicare, Medicaid, health insurers, or medical providers may have liens. Your net recovery will reflect how those liens are resolved. Factor likely lien reduction into your demand or explain lien resolution plans in your demand letter.
Hypothetical example — Putting numbers on a broken arm claim
Hypothetical facts: a 35‑year‑old worker slips in a store, suffers a comminuted distal radius fracture, undergoes open reduction and internal fixation (ORIF) with plates and screws, attends 12 weeks of physical therapy, misses 3 weeks of work, and has lingering loss of wrist motion that limits heavy lifting.
- Past medical bills: $22,000
- Estimated future medical care (follow‑up and possible hardware removal): $8,000
- Lost wages: $3,000
- Total economic damages: $33,000
If you choose a multiplier of 3 (reasonable for a surgically treated fracture with some permanent limitation), total damages = $33,000 × 3 = $99,000. A common negotiation practice is to start with an initial demand above the estimated total—often 20–50% higher—so you would send an initial demand of $120,000–$150,000. That gives room to settle while still targeting a final recovery near your $99,000 valuation.
What a strong demand package includes
A demand letter should include:
- A clear statement of liability and a concise summary of the accident facts.
- Itemized economic damages and copies of all medical bills and records.
- Documentation of lost wages and a summary of future medical needs (with provider cost estimates).
- Photographs of injuries, treatment scars, and the accident scene (if available).
- A firm demand amount, the basis for that number, and a response deadline.
Present facts and evidence clearly. Insurers respond faster to organized, well‑documented packages.
Timing and procedural notes under Indiana procedures
You generally must act promptly after an injury. Indiana has statutory rules that limit how long you can wait to file a lawsuit and other procedural requirements that can affect recovery. For information about Indiana civil rules and statutes, consult the Indiana General Assembly and the Indiana Judiciary rule pages:
- Indiana General Assembly (Indiana Code): https://iga.in.gov/
- Indiana Judiciary rules and court procedures: https://www.in.gov/judiciary/rules/
When to get a lawyer
Consider hiring an attorney if any of these apply:
- Your injuries required surgery or caused a permanent limitation.
- Liability is disputed or complex.
- There are multiple defendants or serious insurance coverage questions.
- You face liens from government benefits (Medicaid/Medicare) or large subrogation claims.
An attorney can provide a case valuation, handle lien negotiation, and advise whether to accept a pre‑suit offer or file suit.
Helpful Hints
- Get medical care immediately and follow treatment recommendations—gaps in treatment weaken your claim.
- Keep every bill, receipt, and medical record. Organization speeds settlement and strengthens your valuation.
- Document how the injury affects daily life (journals, photos, witness statements).
- Don’t post details or photos of the injury and recovery on social media; insurers use social content against claimants.
- Ask your providers for itemized bills and records of any discounts or write‑offs—insurers care about what actually remains owed.
- If Medicare or Medicaid covered treatment, consult counsel early to address potential lien/subrogation issues.
- Start with a demand higher than your bottom line so you have room to negotiate. Be prepared to justify every number with documentation.
- Talk to a personal injury attorney for a free or low‑cost consultation if you are unsure how to value future medical needs or permanent impairment.
Disclaimer: This article explains general principles about valuing a personal injury demand in Indiana and offers hypothetical examples. It is for informational purposes only and is not legal advice. Consult a licensed Indiana attorney to get advice tailored to your facts.