Detailed answer — How to pick a demand amount for a broken arm (Oklahoma)

This is a plain-language, step-by-step explanation of how lawyers and claimants typically decide what to demand after a broken arm injury in Oklahoma. The numbers and examples below are hypothetical to illustrate the process. This is not legal advice.

1) Understand what a demand does

A written demand (the demand letter) tells the insurer or opposing party what you want to settle the case and why. The demand amount should reflect what you actually lost (economic damages), what you suffered (non-economic damages), and realistic chances of recovery after considering fault and any legal limits.

2) Add up your economic (special) damages

Economic damages are concrete, itemized losses you can prove with bills, pay stubs, and estimates:

• Medical bills already paid and outstanding: emergency care, x-rays, CT/MRI, orthopedist visits, surgery, hospital stays, physical therapy, prescription meds.
• Future medical care related to the arm: projected physical therapy, possible future surgery, durable medical equipment, or ongoing medication.
• Lost wages and loss of earning capacity: pay stubs for time missed, employer letters about hours lost, and an estimate of future lost earnings if your arm leaves a permanent restriction.
• Out‑of‑pocket costs: transport to appointments, childcare, home help.

Keep detailed records and get itemized medical records and bills. If future care is probable, get written estimates from providers.

3) Estimate non‑economic (general) damages — pain, suffering, and permanent impairment

Non‑economic damages compensate for physical pain, emotional distress, loss of enjoyment of life, scarring, and permanent impairment. There is no single Oklahoma statutory formula for pain and suffering in ordinary personal injury claims, so negotiators use accepted valuation methods:

• Multiplier method: multiply your proven economic damages by a factor that reflects severity (commonly 1.5–5.0). Minor fractures that heal fully might lean to 1.0–2.0. Complex fractures with surgery, long recovery, permanent limitation, or nerve injury can justify 3.0 or higher.
• Per‑diem method: assign a daily dollar amount for pain and suffering and multiply by the number of days from injury to maximum medical improvement (MMI).

4) Consider comparative fault and Oklahoma recovery rules

In Oklahoma, a plaintiff’s recovery is reduced by the plaintiff’s percentage of fault. That affects how aggressive you should be with a demand. If you were partly responsible (for example, a fall because of inattention), the insurer will estimate your percentage of fault and propose a reduction. If your share of fault is high, your realistic settlement value drops.

Also confirm time limits to bring a claim — you risk losing rights if you wait too long. For information on Oklahoma civil statutes, see the Oklahoma Legislature’s statutes pages: https://www.oklegislature.gov/.

5) Know practical limits: insurance policy limits and the defendant’s ability to pay

Most successful settlements come from the at‑fault party’s liability insurance. If the insurer’s policy limit is low, your maximum realistic recovery usually cannot exceed that limit unless there are personal assets to satisfy a judgment. Before demanding an amount far above policy limits, ask whether the defendant has additional coverage or significant assets.

6) Adjust for strengths and weaknesses of the case

Assess how strong your proof is:

• Strong proof (clear liability, contemporaneous medical records, objective imaging, consistent testimony) supports a higher demand.
• Weak proof (gaps in treatment, late treatment, preexisting conditions not well documented, disputed liability) requires a more conservative demand.

7) Draft your demand strategy

Many claimants follow this sequence:

1. Calculate total proven economic damages.
2. Decide on a multiplier or per‑diem for pain and suffering based on severity.
3. Add a margin for negotiation (anchor higher than the expected settlement but remain defensible).
4. Factor in comparative fault and policy limits to set a realistic, bottom‑line minimum you will accept.

8) Hypothetical example (illustrative)

Facts: You slipped on a wet store floor, broke your right forearm, had surgery with hardware, 12 weeks of PT, $18,000 in medical bills, and missed 3 weeks of work for $3,000 in wages. Your doctor expects a small permanent loss of wrist rotation.

Sample calculation:

• Economic damages: $18,000 (medical) + $3,000 (lost wages) = $21,000.
• Future medical: estimate $2,000 for ongoing therapy or devices = $23,000 total economic.
• Pain and suffering: choose a multiplier of 2.5 (surgery + some permanent limitation) → 23,000 × 2.5 = $57,500 for non‑economic damages.
• Total claim value ≈ $80,500.
• Demand strategy: send an initial demand above that number (for example, $95,000–$120,000) to leave room to settle near $80,500 after negotiation. If the defendant’s insurance limit is $50,000, the realistic top recovery may be $50,000 unless you can get an excess recovery source.

9) Practical negotiating tips

• Attach key records to the demand: medical records, itemized bills, wage loss proof, and a short chronology of events.
• Be transparent about outstanding liens (healthcare liens, Medicare/Medicaid interests)—insurers will ask.
• Send a clear but professional demand letter that explains liability, damages, and a deadline for response.
• Expect counters and be prepared to document and explain each item in your demand.

10) When to consult an Oklahoma personal injury attorney

If your case involves surgery, permanent impairment, high medical bills, disputed liability, or policy limits that complicate recovery expectations, a lawyer can help run valuation analyses, negotiate liens, and craft a demand that maximizes realistic recovery. If you choose to consult, bring complete medical records and billing statements, employer wage records, and any photos or witness statements.

Important disclaimer: This article is educational only and does not create an attorney‑client relationship. This is not legal advice. For advice tailored to your situation, consult a licensed Oklahoma attorney.

Helpful Hints — quick checklist for building a strong demand for a broken arm

• Collect and preserve all medical records and itemized bills promptly.
• Get a treating doctor’s statement about diagnosis, treatment, prognosis, and any permanent restrictions.
• Document missed work with employer letters and pay records.
• Photograph the injury, the scene (if applicable), and any relevant hazardous conditions.
• Ask medical providers for a cost estimate for any likely future treatment.
• Identify possible comparative fault issues and gather evidence to minimize them (witness statements, surveillance, incident reports).
• Find out the defendant’s insurance limits early; it changes negotiation strategy.
• Consider using a reasonable multiplier for pain and suffering—justify it in writing (duration of recovery, surgery, permanent loss).
• Keep a daily pain and activity diary from injury to MMI to support your non‑economic claim.
• Be realistic: an insurer will test weak points. Strengthen your demand with clear documentation.