How to decide the right demand amount for a broken arm injury in Maryland

Short answer: To pick a demand amount you must add provable economic losses (medical bills, future care, lost wages), estimate non‑economic losses (pain and suffering, loss of function) using an accepted method (multiplier or per‑diem), adjust for Maryland’s legal risks (notably contributory negligence), then reduce the expected recovery by fees, costs, and settlement leverage. The final demand should be supported by a clear demand package and include a negotiation cushion.

Detailed Answer — step-by-step under Maryland law

1. Gather and total your economic damages (document everything)

Economic damages are the easiest to prove and should form the baseline of any demand:

• Medical bills paid and outstanding (ED visits, imaging, surgery, physical therapy, medications). Keep itemized bills and EOBs.
• Receipts for related out‑of‑pocket costs (transportation to appointments, medical supplies).
• Lost income: pay stubs, employer statements showing time missed and lost benefits.
• Estimated future medical costs: obtain a treating physician’s written prognosis and estimate for future procedures, therapy, or assistive devices.

Example: Current bills $18,000 + future medical estimate $7,000 + lost wages $3,000 = economic damages $28,000.

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

Maryland allows recovery for non‑economic harm. Common approaches to quantify this are:

• Multiplier method: multiply economic damages by a factor reflecting injury severity (minor: 1.0–1.5; moderate with lost time/limited function: 2–3; severe surgery/permanent impairment: 3–5+).
• Per‑diem method: assign a daily dollar value for pain and suffering and multiply by the number of days you experienced significant effects.

Example using multiplier: $28,000 economic × 3 (surgery and limited range of motion) = $84,000 non‑economic. Total = $112,000.

3. Account for Maryland’s contributory negligence rule

Maryland follows the strict contributory negligence doctrine: if a plaintiff is even slightly at fault, that can bar recovery entirely. Because this rule is harsh, you must evaluate any risk that the defendant will show you were partially responsible (even minimally). If there is any real risk of contributory negligence, treat your expected recovery as either zero or significantly discounted and consult an attorney about strategies to defeat that defense before setting a demand.

4. Calculate expected value and adjust for attorney fees and costs

Use an expected value approach to pick a realistic demand:

• Estimate probability of winning at trial (p). If contributory negligence is impossible to prove, p may be high; if risk exists, p may be low.
• Estimate likely trial award if you win (A) — use the totals from steps 1–2.
• Expected value = p × A.
• Subtract expected attorney contingency (commonly 33% for injury cases in Maryland, but rates vary), costs, and plaintiff’s tax considerations to get the net expected recovery.

Practice tip: Insurers usually offer considerably less than expected value early. Many plaintiffs set a demand higher than their target net recovery to leave room to negotiate.

5. Set the initial demand (strategy)

Guidelines for the initial demand amount:

• Start above your target settlement to allow concessions. Common practice: initial demand = target settlement × 1.2–1.5 depending on how strong your proof is.
• If your case has high litigation risk (e.g., possible contributory negligence), be conservative—your initial demand should reflect the expected value rather than inflated figures.
• For straightforward broken‑arm cases with surgery or lasting impairment, demands often range from tens of thousands to low hundreds of thousands of dollars; for minor nondisplaced fractures without surgery, demands are often lower.

6. Prepare a complete demand package

Include the following with your demand letter to maximize seriousness and credibility:

• Cover demand letter with a clear demand amount and a deadline for response.
• Chronology of the accident and treatment summary written simply and clearly.
• Medical records and itemized bills, wage documentation, photographs of injuries, and any police reports or witness statements.
• Treating provider’s notes and a prognosis or impairment rating, if available.

7. Negotiate with adjustments in mind

During negotiation re‑examine: liability strength, severity and permanency of injury, witness credibility, and Maryland’s contributory negligence exposure. Be ready to provide additional documentation and to explain how you calculated non‑economic losses.

Hypothetical examples (broken arm scenarios and sample demand ranges)

These are illustrative only — actual value depends on facts and proof.

• Simple nondisplaced fracture, no surgery, short therapy, low pain: medicals $3,000, lost wages $800, multiplier 1.0 → demand $5,000–$20,000.
• Fracture with surgery and hardware, several months therapy, partial loss of range: medicals $25,000, future care $5,000, lost wages $8,000; multiplier 2.5 → total demand commonly $80,000–$175,000.
• Complex fracture with nerve injury or permanent impairment: medicals $60,000+, significant future care and lost earning capacity; multiplier 3–5+ → demand often $150,000–$500,000+ depending on facts.

Maryland statute of limitations — don’t miss the deadline

Most personal injury claims in Maryland must be filed within three years from the date of injury. See Maryland Code, Courts & Judicial Proceedings § 5‑101 for the statute of limitations on personal injury claims: Md. Code, Cts. & Jud. Proc. § 5-101. Missing that deadline usually bars a lawsuit, so begin preservation and investigation early.

Helpful Hints

• Document everything the moment you can: photos of injuries and the scene, contact info for witnesses, and all medical encounters.
• Keep an injury journal describing pain, daily limits, sleep disruption, and emotional effects — this supports non‑economic claims.
• Get full medical records and itemized bills; ask treating providers for a written prognosis or impairment rating when possible.
• Obtain employer documentation for lost time and evidence of lost future earnings if relevant.
• Discuss your case with an experienced Maryland personal injury attorney before sending a demand if liability is contested or if there is any risk you could be found at fault. The contributory negligence rule in Maryland can completely bar recovery.
• Be realistic and prepare to justify every number in your demand. Unsupported large numbers without documentation are often ignored by insurers.
• Leave room to negotiate: an initial demand that is 20–50% above your expected net recovery is common, depending on confidence in liability and damages.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific Maryland claim, consult a licensed Maryland attorney.