Detailed answer: How to build and justify a demand amount for a broken arm (Kentucky)

When you or a loved one has a broken arm caused by someone else’s negligence, the settlement demand is the first formal step to ask the insurer or responsible party to pay money to resolve the claim. A properly calculated demand is clear, documented, and justified with medical records and financial evidence. Below is a step-by-step approach you can use under Kentucky law to arrive at a reasoned demand amount.

1) Gather complete evidence of economic damages (hard costs)

• Medical bills and records: emergency care, hospital stays, imaging (X‑rays, CT), orthopedic visits, surgeries, anesthesia, casts, braces, physical therapy, prescriptions. Include itemized bills and explanations of each charge.
• Out‑of‑pocket costs: travel to medical appointments, medical supplies, home modifications, childcare if needed.
• Lost wages and income: pay stubs, employer letters verifying time off, tax returns if self‑employed, and documentation of reduced earning capacity if applicable.
• Future medical costs: estimates and expert opinions if your broken arm requires future surgery, continued therapy, or prosthetics. Ask a treating physician for a written prognosis and cost estimate.

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

Non‑economic damages compensate for pain, physical impairment, emotional distress, and the loss of normal life activities. Two common methods to estimate these are:

• Multiplier method: Add up economic damages (past and reasonably certain future) and multiply by a number typically between 1.5 and 5 (or higher for extreme injuries). Choose the multiplier based on severity, permanence, and disruption to life. A simple broken arm with full recovery might justify a low multiplier; a complex fracture with surgery and permanent limitation justifies a higher one.
• Per diem (daily rate) method: Assign a daily dollar amount for pain and suffering and multiply by the number of days of recovery or disability. This method works well when onset and duration are clear.

3) Adjust for liability and comparative fault

Kentucky reduces recovery if the injured person was partly at fault. Before finalizing the demand, honestly assess your degree of fault and how likely the defense will argue contributory negligence. If you estimate partial fault, reduce your demand by that percentage because juries and insurers will apply comparative fault to any award.

4) Consider insurance policy limits and defendant resources

Practical settlement value cannot exceed available insurance coverage (the at‑fault driver’s liability policy, employer’s policy, or other liable parties’ policies). If potential defendants have low policy limits, your realistic demand may be capped even if your damages are higher. Ask your lawyer or insurer to help identify liable policies early.

5) Account for attorney fees, costs, and collection risk

If you’re using a contingency fee lawyer, remember the attorney’s percentage and litigation costs will reduce your net recovery. Typical contingency fees are around 33% (one‑third) but can vary. Also consider the risk of going to trial versus settling — trials are uncertain and can produce lower or higher results.

6) Drafting the demand letter

A written demand should include:

• Clear statement of the demand amount and deadline for response.
• Summary of how the injury happened and why the defendant is responsible.
• Itemized economic damages with copies of bills and wage documentation.
• Summary of non‑economic damages with a reasonable explanation of the multiplier or daily rate chosen.
• Medical reports and physician statements supporting prognosis and future care needs.
• Photographs, police reports, and witness statements if available.

7) Negotiation strategy

Start with a demand that is supportable but leaves room to negotiate. Insurers expect counteroffers. Be prepared to explain and defend each item. If the insurer disputes liability or minimizes injury, use medical records, doctor declarations, and expert reports where appropriate.

8) Time limits and legal context in Kentucky

Kentucky law sets time limits and rules that affect a demand and a lawsuit. It is important to know these deadlines and the rules about comparative fault so you don’t lose rights by waiting too long. For general access to Kentucky statutes, search the official Kentucky legislature site: https://apps.legislature.ky.gov/statutes/. For information about comparative fault and other tort rules, consult the Kentucky Revised Statutes available there or a local attorney.

9) When to get an attorney

Consult a local Kentucky personal injury attorney if:

• Your medical bills are significant or you need future medical care.
• Liability is disputed or multiple parties are involved.
• Insurance policy limits are complex or insufficient.
• You need help proving future damages, permanent impairment, or lost earning capacity.

Even during early negotiations a lawyer can often increase the settlement value because of experience with insurers and access to expert opinions.

Helpful hints

• Keep a recovery journal: note daily pain, limitations, medication, and activities you can’t do—this helps quantify non‑economic damages.
• Obtain and keep copies of all medical records and itemized bills; do not rely on summaries only.
• Ask treating physicians for written prognoses and cost estimates for future care early in the claim process.
• Get wage documentation from your employer and keep records of missed shifts or reductions in hours.
• Photograph visible injuries and any scene where the accident happened while details are fresh.
• Don’t give a recorded statement to an insurance company without consulting a lawyer—recorded statements can be used to reduce your claim.
• Be realistic: the demand should be grounded in documented losses and credible expert opinion; unsupported, inflated demands are often ignored.
• Learn the defendant’s insurance limits early; a demand above available coverage may be wasted unless other defendants or assets exist.
• Keep negotiation deadlines reasonable—allow insurers time to investigate but don’t wait so long you miss legal deadlines.