Detailed Answer

Short answer: Deciding the right demand amount for a broken arm claim in New Mexico means adding up your measurable losses (medical bills, lost pay, future treatment), estimating non‑economic losses (pain and suffering, loss of enjoyment), adjusting for any shared fault, and then choosing a starting demand that gives room to negotiate. Your demand should be supported by medical records, bills, wage documentation, and a clear explanation of how you arrived at the number.

Step‑by‑step: How to calculate a reasonable demand for a broken arm

1. Collect all economic damages (special damages). Add past medical bills, current unpaid medical expenses, out‑of‑pocket costs (transportation, medical devices), and lost wages. Include reasonable estimates for future medical care (e.g., physical therapy, corrective surgery). Keep receipts, paystubs, and provider estimates.
2. Estimate non‑economic damages (general damages). These cover pain, suffering, emotional distress, loss of enjoyment of life, and any permanent impairment or scarring. Two common industry methods are:

• Multiplier method: Multiply your total past economic damages by a factor that reflects injury severity. Typical multipliers range from 1.5 (minor fracture, quick full recovery) up to 4–5 (complex fracture, surgery, long recovery, permanent loss). Choose a multiplier justified by the medical record.
• Per‑diem method: Assign a dollar amount per day for pain and suffering from the injury date through recovery, then multiply by days of recovery or disability. This works well when you can identify a clear recovery period.

3. Include future lost earning capacity if needed. If the injury meaningfully reduces your ability to earn (permanent limitation, long rehabilitation), include a present‑value estimate of future lost wages. This often requires a vocational or economic expert.
4. Account for permanency and impairment. If X rays, physician notes, or an impairment rating show permanent limitations, increase non‑economic value accordingly. Permanent impairment often moves multiplier higher or justifies a larger per‑diem.
5. Deduct liens and set expectations for net recovery. Medical liens, health insurer subrogation, Medicare/Medicaid interests, and future medical liens can reduce what your client actually receives. Know likely lien amounts up front so you can present a realistic net figure to the injured person.
6. Adjust for comparative fault. If you may share some fault, estimate a fault percentage. In New Mexico, a claimant’s recovery is reduced by the claimant’s percentage of fault. Reduce your demand figure accordingly in planning but present a demand that supports full damages and explain shared fault separately in negotiations.
7. Start high enough to allow negotiation. Insurers expect to negotiate. Start with a demand that is higher than the minimum you will accept but supported by evidence. Many claimants begin with a demand that covers full economic losses plus a defensible non‑economic award.

Example (hypothetical)

Facts: Closed distal radius fracture from a fall; emergency care + closed reduction; 6 weeks in a cast; 12 physical therapy sessions; no surgery; temporary 2 weeks off work.

Economic damages:

• Emergency visit and XR: $1,200
• Orthopedic follow‑up and casting: $900
• PT: $900
• Lost wages: $1,200

Total past economic = $4,200. Future medical = $500 (possible late PT) → subtotal $4,700.

Non‑economic: Because recovery was relatively quick and no surgery, choose a lower multiplier, say 1.5 → non‑economic = $4,700 × 1.5 = $7,050.

Suggested demand = economic ($4,700) + non‑economic ($7,050) = $11,750. Start demand: $15,000–$18,000 to allow negotiation; lowest acceptable settlement: ~ $10,000 after liens and fees.

Negotiation strategy and presentation

• Prepare a demand letter with chronology, medical records, itemized bills, wage documentation, and a clear calculation worksheet showing how you reached the demand.
• Include photos of injury, contemporaneous notes about pain and limits, and physician statements about prognosis or permanence.
• Explain non‑economic calculations—why you picked a multiplier or per‑diem—and point to specific record entries that support severity.
• Be realistic: insurers focus on medical records and objective proof. If records do not show ongoing pain or limitations, your non‑economic component will face more pushback.

When to consult an attorney

Talk to a personal injury attorney if:

• Your fracture required surgery, hardware, or has a permanent impairment.
• There is significant lost income or future earning capacity issues.
• Liens, subrogation, or multiple defendants complicate recovery.
• The insurer offers much less than your documented losses or denies liability.

An attorney can estimate net recovery after fees and liens, gather experts if needed, and negotiate or litigate when insurers refuse reasonable offers.

Practical checklist — assemble medical records, bills, photos, wage records, and a short personal statement about impacts of the injury. Use these to build the demand packet.

Disclaimer

This article is for educational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific case under New Mexico law, consult a licensed attorney in New Mexico.