Detailed Answer: How to decide the right demand amount for a broken arm injury in Ohio

This FAQ-style guide explains, in plain language, how claim value is calculated for a broken arm under Ohio law and how you can pick a reasonable demand amount. This is educational only and not legal advice. Consult a licensed Ohio attorney before making or accepting a settlement.

Step 1 — Understand the two main damage categories

Ohio awards two broad types of damages in personal injury cases:

• Economic damages: objective, out-of-pocket costs such as past and future medical bills, lost wages, and other measurable expenses.
• Non-economic damages: subjective harms such as pain and suffering, loss of enjoyment of life, permanent impairment, and emotional distress. Ohio courts and juries decide these.

For reference about damages under Ohio law, see Ohio Revised Code chapter on damages: https://codes.ohio.gov/ohio-revised-code/section-2315.18

Step 2 — Add up your economic damages precisely

Gather documentation. Economic damages form the foundation of any demand and are the easiest to prove:

• Medical bills and itemized statements (ER, x-ray, surgery, physical therapy, medications)
• Receipts for related expenses (braces, splints, travel for treatment)
• Pay stubs, employer letters, or tax returns showing lost earnings for missed work
• Estimates from treating providers for future medical care (if surgery, rehab, or ongoing care is needed)

Keep records in chronological order. The total of these items is your documented economic damages.

Step 3 — Estimate non-economic damages (common methods)

Non-economic damages are less precise. Two common methods attorneys and adjusters use:

• Multiplier method (very common): Multiply your total economic damages by a factor (commonly between 1.5 and 5). The factor depends on severity, permanence, and how the injury affected life. More severe or permanent injury → higher multiplier. Example: if economic damages = $31,000 and you choose a 2.5 multiplier, an estimated total value ≈ $31,000 × 2.5 = $77,500.
• Per-diem method: Assign a dollar amount per day of pain/suffering (for example $100–$500 per day) and multiply by the number of days you reasonably experienced the condition. Add that to economic damages. This method helps when pain duration is clear.

Which method to use depends on your facts: surgery, visible deformity, permanent loss of function, or significant time lost from work push values higher.

Step 4 — Adjust for Ohio rules that affect recoverability

• Comparative fault: Ohio reduces recovery by the plaintiff’s percentage of fault. If you are 10% at fault, multiply the demand by 90% before settlement. (Discuss fault allocation with counsel.)
• Statute of limitations: Most personal injury claims in Ohio must be filed within two years of the injury. See Ohio Rev. Code § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10

Step 5 — Consider insurance policy limits and practical strategy

Most defendants rely on insurance. If the at-fault party has low policy limits, the available money may cap recoverable settlement value regardless of your calculated damages. Common practical steps:

• Find out the at-fault driver’s or defendant’s liability limits early.
• If liability is strong and damages fit within policy limits, present a demand aimed at the policy limit.
• If your calculated value exceeds policy limits, be prepared to demand the policy limit and evaluate whether pursuing the defendant personally is realistic.

Step 6 — Build a persuasive demand package

A well-supported demand increases the likelihood of a full recovery:

• Clear demand letter stating a dollar amount and a deadline for response
• Medical records and itemized bills
• Medical summary or letter from treating doctor about diagnosis, treatment, prognosis, and permanent impairment
• Documentation of lost wages (pay stubs, employer letter)
• Photographs of injuries and accident scene, witness statements, police report (if any)

Example calculation (hypothetical broken arm)

Facts: surgery required, hospitalization, 10 weeks out of work, ongoing physical therapy.

• Past medical bills: $18,000
• Future medical estimate (therapy, follow-up): $7,000
• Lost wages: $6,000
• Economic total: $31,000
• Choose multiplier of 2.5 (moderate—surgery but good recovery expected)
• Estimated total demand ≈ $31,000 × 2.5 = $77,500

Alternatively, a per-diem approach might assign $200/day of pain × 70 days = $14,000 (non-economic) + $31,000 economic = $45,000 total. Different methods yield different numbers—your facts guide the choice.

Common insurer responses and how to handle them

• Insurer lowballs early. Respond with documentation and a clear explanation of future needs and lasting effects.
• Insurer asks for recorded statement—consult an attorney before giving one if liability or damages are contested.
• Insurer may request independent medical exam (IME); attend but be prepared—bring copies of records and a lawyer if advisable.

When to get an attorney

Consider hiring an Ohio personal injury lawyer when:

• Liability is contested
• Injuries are serious (surgery, permanent impairment, complications)
• The demand exceeds the insurer’s advertised limits
• You are uncomfortable negotiating or handling medical records and liens

An attorney experienced in Ohio injury claims can perform a full damages analysis, handle liens (medical providers and insurers), and negotiate or litigate if needed.

Key Ohio law references

• Damages (Ohio Revised Code): https://codes.ohio.gov/ohio-revised-code/section-2315.18
• Statute of limitations for personal injury: https://codes.ohio.gov/ohio-revised-code/section-2305.10

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and each case is fact-specific. Contact a licensed Ohio attorney to get advice tailored to your situation.