Deciding the Right Demand Amount for a Broken Arm Injury in Rhode Island

Short answer: Calculate the demand by adding provable economic losses (medical bills, future medical care, lost earnings) to a reasonable amount for non‑economic losses (pain, suffering, loss of use), then adjust for comparative fault, insurance limits, and negotiation strategy. The final demand should be well documented and justified. This is general information and not legal advice.

Detailed Answer — How to build a defensible demand amount under Rhode Island law

When someone breaks an arm in Rhode Island, you should build a settlement demand around four core categories of damages and then adjust for practical realities (insurance limits, shared fault, potential liens). Below is a step‑by‑step framework you can follow.

1) Gather and organize economic damages (hard costs)

• Past medical expenses: collect hospital bills, imaging reports (X‑ray/CT/MRI), surgical invoices, physical therapy bills and pharmacy receipts. Use actual billed or paid amounts, and note any write‑offs.
• Future medical expenses: get a treating physician or an orthopedic surgeon to estimate reasonable future care (e.g., hardware removal, ongoing physical therapy, durable medical equipment). Attach a short summary or affidavit from the provider when possible.
• Lost wages and lost earning capacity: document time off with pay stubs, employer letters, and tax returns if necessary. If the injury affects your ability to do your prior job, obtain a vocational or medical opinion estimating reduced future earning capacity.

2) Estimate non‑economic damages (pain, suffering, disfigurement, loss of enjoyment)

Non‑economic damages compensate for subjective harms. There is no fixed Rhode Island multiplier or formula set by statute for broken bones; insurers and lawyers commonly use:

• A multiplier applied to economic damages (common multipliers for a straightforward fracture without long‑term disability: 1.5–3.0). Higher multipliers (3–5+) apply when there is surgery, permanent impairment, or prolonged disability.
• Or a per‑day approach (assigning a dollar amount per day of pain and recovery). This approach is rarer for discrete fractures but can be useful when recovery time is well documented.

Choose the method that best fits the facts and explain why in your demand letter (e.g., “multiplier of 2.5 due to surgery and 6 months of restricted activity”).

3) Account for shared fault and Rhode Island case law practice

Rhode Island uses comparative fault principles that reduce recovery based on the claimant’s percentage of fault. Before you finalize a demand, honestly assess any possible fault (for example, not using protective gear, failure to follow safety signs, alcohol). If you reasonably expect a portion of fault, reduce your demand by that percentage when estimating insurer response. (Consult an attorney to confirm how comparative fault may apply to your specific facts.)

4) Consider insurance limits and defendant’s ability to pay

Policy limits often cap what an insurer will pay regardless of the damage amount. If the opposing party’s policy limit is low, your realistic maximum recovery likely equals that limit (unless you can look to personal assets). Try to determine the at‑fault party’s liability insurance via the claims representative or early discovery.

5) Subtract liens and obligations

Adjust your net demand for known subrogation liens (health insurer liens, ER bills, Medicare/Medicaid conditional payments). Identify third‑party liens early—unresolved liens can substantially reduce the net recovery. Discuss lien resolution strategies in the demand if possible.

6) Build negotiation room

Set your initial demand above your expected settlement to allow negotiation. A common practice is to demand 25–50% more than the bottom‑line figure you will accept, depending on the case strength, insurer behavior, and jurisdictional norms. Explain the legal and factual basis for the higher demand so it does not seem arbitrary.

Example calculation (hypothetical facts)

Hypothetical: a 35‑year‑old suffers a displaced distal radius fracture after a fall, requires ORIF surgery, 12 weeks of work restriction, $18,000 in past medical bills, and an orthopedic opinion estimating $12,000 in future care.

• Economic damages = $18,000 (past medical) + $12,000 (future medical) + $6,000 (lost wages) = $36,000
• Choose a multiplier of 2.5 because the injury required surgery and produced substantial functional limitation = $36,000 × 2.5 = $90,000 for combined damages
• Round up and add negotiation buffer → initial demand: $120,000 (gives room to settle near $90,000–$100,000 depending on insurer)
• If the defendant’s policy limit is $50,000, you typically expect to recover up to $50,000 absent other collectible assets.

This is only illustrative. The right multiplier and buffer vary with surgical complications, permanent impairment, age, occupation, and jurisdictional jury tendencies.

7) Prepare a strong demand package

Give the insurer everything they need to evaluate the claim quickly:

• A clear demand letter stating the dollar demand, concise factual statement, liability facts, and legal theory.
• Medical records and a medical summary highlighting key injuries, treatments, and restrictions.
• Itemized medical bills and a ledger showing payments and outstanding balances.
• Lost wage documentation (pay stubs, employer letter) and any proof of long‑term wage impact.
• Photographs of injuries/scene, witness statements, and any relevant police or incident reports.

8) When to hire an attorney

Consider counsel if you have one or more of the following: surgery, permanent impairment, significant future care needs, lost earning capacity, complicated liability issues, or if the insurer offers much less than your reasonable demand. An attorney can quantify future damages through experts, negotiate liens, and pursue litigation if needed.

Rhode Island statute to note

Time is limited to bring a personal injury lawsuit in Rhode Island. Generally, actions for injuries to the person must be commenced within three years under Rhode Island law. See R.I. Gen. Laws § 9-1-14: http://webserver.rilin.state.ri.us/Statutes/TITLE9/9-1/9-1-14.htm. Do not rely on informal timelines—confirm deadlines with an attorney promptly.

Helpful Hints

• Start documenting immediately: photos, written notes about pain, and a calendar of medical visits strengthen value.
• Keep a medical summary page: dates, providers, procedures, and key findings—this helps laypeople and adjusters review quickly.
• Get a clear medical prognosis: future treatment estimates from the treating surgeon add credibility to future-damage claims.
• Ask the insurer for policy limit information early; that knowledge guides demand realism.
• Be candid about your settlement bottom line and the reasons for it; insurers respect well‑organized, well‑documented demands.
• Remember subrogation: notify your health insurer and keep track of possible liens to avoid surprises at settlement.
• Consider mediation if initial negotiations stall; mediators often help bridge reasonable gaps without filing suit.
• Keep copies of everything. Insurers may request additional records during evaluation—respond promptly.

Disclaimer: This article explains general principles and common practice for calculating a settlement demand for a broken arm in Rhode Island. It is educational only and not legal advice. Laws and procedures change. For advice tailored to your facts and deadlines, consult a licensed Rhode Island attorney.