Choosing the Right Demand Amount for a Broken Arm Injury in Michigan

Short answer: Calculate your economic losses (medical bills, past and future lost wages, future treatment) and then add a reasonable amount for non‑economic damages (pain and suffering, loss of function). In Michigan, whether you proceed as an auto no‑fault claim or an ordinary tort claim affects what damages are recoverable and can change strategy. Below is a step‑by‑step FAQ guide and a clear hypothetical example to help you build a defensible demand.

Disclaimer

This information is educational only and not legal advice. I am not a lawyer. For legal advice about your specific situation, consult a qualified Michigan attorney.

1. What categories of damages should my demand include?

• Economic (special) damages: past medical expenses, anticipated future medical costs, past lost wages, lost earning capacity.
• Non‑economic (general) damages: pain and suffering, emotional distress, loss of enjoyment of life, scarring or cosmetic impact, permanent impairment or disability.
• Outlays and costs: care costs (home help, rehab equipment), travel to medical appointments, and interest/expenses tied to the injury.
• Legal/administrative considerations: lien holders (health insurers, Medicare/Medicaid), subrogation, and whether the injury falls under Michigan’s no‑fault system (affects recoverable damages).

2. Does Michigan law change what I can demand?

Yes. If the injury arises from a motor vehicle crash, Michigan’s no‑fault rules limit recoverable damages in certain cases. For vehicle crashes, you normally pursue Personal Injury Protection (PIP) benefits first; to sue the at‑fault driver for non‑economic damages you generally must meet the serious impairment threshold in MCL 500.3135. See the statute at: MCL 500.3135.

Also watch the statute of limitations for tort claims—typically three years in Michigan for many negligence actions. See: MCL 600.5805. Missing the deadline can bar your claim.

3. How do I quantify economic damages?

1. Gather all medical bills and provider statements. Add billed amounts and any expected future treatment estimates from your treating physician.
2. Document lost income with paystubs, employer statements, or tax returns. For future lost earning capacity, get vocational or medical opinions tying impairment to work limitations.
3. Adjust for liens and subrogation claims—insurers or Medicare may have repayment rights that reduce net recovery.

4. How do I value pain and suffering for a broken arm?

There’s no fixed formula in Michigan. Common approaches include:

• Multiplier method: Add documented economic damages, then multiply by a factor (commonly 1.5–5). Use a lower multiplier (1.5–2) for short, uncomplicated fractures and higher (3–5) for fractures requiring surgery, lengthy rehab, permanent impairment, or loss of function.
• Per‑diem method: Assign a daily dollar amount for pain/suffering times number of days the injury affected daily life (less common in serious injury claims).

Choose a method and justify it in the demand letter with medical facts: surgery, physical therapy duration, residual weakness, or permanent impairment ratings raise the multiplier or per‑diem rate.

5. Practical step‑by‑step: building a defensible demand

1. Document everything. Medical records, bills, photos, appointment timeline, therapy notes, employer letters about lost work.
2. Calculate economic damages. Sum past and reasonably necessary future medical costs + verified lost wages.
3. Assess non‑economic severity. Was there surgery? Nerve injury? Permanent limitation? Use objective indicators (surgeries, imaging, doctor statements) to support higher valuation.
4. Choose your valuation method. Multiplier or per‑diem, with a written explanation tying facts to your chosen factor.
5. Factor in deductions and liens. Anticipate insurer claims, Medicare conditional payments, or employer benefit liens.
6. Set your opening demand. Many plaintiffs open higher than the expected final settlement to allow room for negotiation—commonly 25–50% above the expected midpoint of the settlement range.
7. Prepare a demand package. Include a narrative, itemized economic damages, supporting records, and a clear demand amount and deadline.

6. Example (hypothetical) calculation

Facts: Adult suffers a displaced distal radius fracture from a fall. Surgery (ORIF) required, 12 weeks of therapy, residual stiffness and 10% permanent impairment of wrist function.

• Medical bills (past): $22,000
• Estimated future medical care (hardware removal/therapy): $4,000
• Lost wages (6 weeks): $6,000
• Total economic damages = $32,000
• Non‑economic valuation (multiplier): Because of surgery and permanent impairment, use 3x → pain & suffering = $96,000
• Demand = economic ($32,000) + non‑economic ($96,000) = $128,000
• Negotiation strategy: Open demand $160,000 to leave room for counteroffers; expect final settlement in the $90,000–$140,000 range depending on liability strength, policy limits, and other facts.

7. Other negotiation and strategic considerations

• Liability strength matters more than a perfect math formula. If fault is disputed, that reduces a defendant’s willingness to pay high non‑economic sums.
• Insurance policy limits cap what an insurer will pay. If the at‑fault party’s policy is low, you may need to evaluate the defendant’s personal assets or accept a lower recovery.
• Expect insurers to scrutinize records. Clear, contemporaneous medical notes and objective findings (X‑rays, surgical reports) support higher demands.
• Consider mediation. Neutral mediation often narrows gaps and can produce a faster result than protracted negotiation.
• Account for attorney fees and costs if you plan to hire counsel—contingency fees commonly range but vary by case and firm.

8. When should I consult a Michigan attorney?

Get an attorney if:

• Your injury required surgery or caused permanent impairment;
• Liability is disputed and you need help proving fault;
• You face complicated liens, Medicare/Medicaid, or large insurance caps;
• You want a detailed demand package and professional negotiation to maximize recovery.

Helpful Hints

• Keep a daily journal describing pain, limitations, and lost activities—this supports non‑economic claims.
• Use written employer statements for lost wages and for any diminished capacity on return to work.
• Obtain treating‑physician letters that say whether your condition is permanent and estimate future care needs.
• Request itemized medical bills and Explanation of Benefits (EOBs) to show amounts billed versus amounts paid.
• Consider an independent medical evaluation (IME) if the defendant disputes severity—this can strengthen your demand but may have costs and strategic downsides.
• Be realistic but firm in your demand. Excessively low demands leave money on the table; excessively high demands risk being ignored.
• Track statute of limitations deadlines—don’t wait until it’s too late to preserve your claim. See: MCL 600.5805.

Building the right demand for a broken arm combines careful accounting of economic losses, a reasoned approach to non‑economic damages, and a credible factual record. If you want to review a draft demand or assess your case facts against Michigan’s rules (including no‑fault issues), consult a Michigan attorney for a case‑specific evaluation.

Again, this is educational information only and not legal advice.