Deciding the Right Demand Amount for a Broken Arm Injury in Nevada

Short answer: A reasonable demand equals your provable economic losses (medical bills, future care, lost wages) plus a fair amount for pain and suffering and other non-economic harms. Nevada law sets deadlines for suing over personal injuries, so document injuries quickly and make a demand before limits or insurance caps force concessions. This is educational information only and not legal advice.

Disclaimer

This article is for educational purposes only. It does not create an attorney-client relationship and is not legal advice. For advice tailored to your exact facts, consult a licensed Nevada attorney.

Overview: how Nevada rules affect a demand

When you prepare a settlement demand for a broken arm in Nevada, keep two legal realities in mind:

• Time limit to file a lawsuit: Nevada’s statute of limitations for personal injury claims is important. See NRS 11.190 for timing rules: NRS 11.190. If you wait too long, you may lose the right to sue.
• Insurance policy limits and comparatives: Most settlements depend on the at-fault party’s insurance. Insurers will evaluate liability, damages, and any fault you may share before paying.

Step-by-step: how to pick a reasonable demand amount

1. Collect and total economic damages now:
   • Medical bills already paid and unpaid (ED visits, x-rays, surgery, follow-up, therapy, assistive devices).
   • Past lost wages and lost benefits (pay stubs, employer letters).
   • Reasonable estimate of future medical care and future wage loss if applicable (get doctor notes).
2. Estimate non-economic damages (pain, suffering, loss of enjoyment):

   There is no fixed formula under Nevada law. Two common methods adjust economic damages to capture non-economic harms:

   • Multiplier method: Multiply total economic damages by a factor (often 1.5–4) depending on severity, permanence, and the injury’s effect on life. A simple short-term fracture might use 1.5–2. A fracture requiring surgery and long rehab might use 2.5–4.
   • Per diem method: Assign a daily rate for pain and suffering (e.g., $100–$500/day) and multiply by reasonable recovery days verified by medical records.
3. Adjust for comparative fault and risk:

   Reduce the demand if some fault is likely attributable to you. Also reduce the demand to reflect risks a jury might find (liability disputes, pre-existing conditions). If multiple claims exist, consider policy limits.

4. Consider insurance policy limits and defendant exposure:

   If the defendant’s bodily injury policy limit is $50,000, you usually cannot recover more from that insurer. If the at-fault party is judgment-proof (no insurance, few assets), a large demand might be symbolic.

5. Draft the demand packet and initial dollar figure:

   Include a clear demand letter with the settlement number, itemized damages, medical records, bills, photos, and a short liability summary. Set a firm but negotiable number—many plaintiffs start higher than the minimum they will accept to leave room to negotiate.

Hypothetical example (illustrative)

Facts: You slipped at a Nevada grocery store. You suffered a displaced forearm fracture that required surgery with hardware, 6 weeks off work, 12 weeks of physical therapy, and some permanent stiffness. Medical bills to date: $24,000. Future reasonable care estimate: $4,000. Lost wages: $6,000. No prior arm injury. No clear shared fault.

Step calculations:

• Economic damages = $24,000 (past medical) + $4,000 (future medical) + $6,000 (lost wages) = $34,000.
• Choose non-economic method. Using a multiplier of 2.5 (surgery + long rehab + some permanent limitation): Non-economic = $34,000 × 1.5 (additional) = $51,000. Total demand = $34,000 + $51,000 = $85,000.
• Adjust for risk: If liability seems 90% clear, reduce by 10% for risk of partial defense: $85,000 × 0.9 = $76,500. Compare to policy limit and decide final demand (e.g., initial demand $95,000, expecting settlement around $70,000–$80,000).

This is only an example. Your facts and medical prognosis will change numbers and multipliers.

Practical tips for a stronger demand

• Document everything: photos of the accident scene and injury, contemporaneous pain journals, all medical records, and wage documentation.
• Get objective medical opinions and a treating physician’s estimate of future care and permanent impairment.
• Keep records of out-of-pocket expenses (transportation, prescriptions, home help).
• Write a concise but persuasive demand letter: state the facts, liability points, itemized damages, and conclude with a clear monetary demand and a deadline to respond.
• Decide a bottom-line reservation number in advance so you don’t accept an unsatisfactory early offer under pressure.

When to consult or hire an attorney in Nevada

Consider hiring a lawyer if any of these apply:

• The claim involves surgery, permanent impairment, or significant future care.
• You face difficult liability issues or potential shared fault.
• The at-fault party’s insurer refuses to negotiate or offers far less than medical bills.
• You are unsure how to value non-economic damages or need help enforcing a settlement.

Settlement process and common pitfalls

• Insurers often request recorded statements. Be cautious—stick to basic facts and do not guess about medical causation.
• Never sign a full release until you are sure all medical treatment is complete or future costs are accounted for. A release typically ends your right to seek more money later.
• Understand liens: medical providers, Medicare, or private insurers may assert liens against any settlement. Factor these into your net recovery.

Helpful Hints

• Start with a demand that covers all economic losses plus a justified non-economic component; don’t lowball.
• Use objective documents—medical records and bills create credibility.
• Ask your treating physician for a short statement on expected recovery and permanent limitations.
• Learn the defendant’s insurance limits early—policy limits often cap realistic recovery.
• Factor in comparative fault and adjust your demand downward if you bear any blame.
• Give the insurer a deadline (usually 30 days) to respond to keep momentum in negotiations.
• If you hit an impasse, consider mediation before filing a lawsuit; it saves cost and time.
• Keep copies of every bill, correspondence, and proof of payment or debt for medical charges.

Next practical steps

1. Gather all medical records, bills, and wage loss proof.
2. Ask your doctor to estimate future care and any lasting impairment.
3. Draft a demand packet with an itemized damages spreadsheet and a clear demand letter.
4. Decide whether to negotiate yourself or consult a Nevada personal injury attorney for a demand and negotiation strategy.