Detailed Answer: How to pick the right demand amount for a broken arm injury in South Carolina

Short answer: The right demand combines your provable economic losses (medical bills, lost wages, future care) plus a fair amount for non‑economic harms (pain, suffering, loss of enjoyment). To arrive at a sensible number in South Carolina you must document all losses, estimate future needs, account for likely fault allocation and insurance limits, and build a clear demand package that justifies the total with records and a persuasive narrative.

Step 1 — Gather and document your economic damages

Economic damages are the easiest to prove and should be calculated precisely because insurers expect documentation:

• Medical bills to date: emergency care, imaging (X‑ray/CT/MRI), orthopedic surgery, casts, durable medical equipment, prescriptions, follow‑up visits.
• Future medical care: anticipated physical therapy, repeat surgery, long‑term pain management. Ask your treating doctor to estimate future treatment and costs in writing.
• Lost wages: pay stubs and an employer statement showing time missed and pay lost.
• Loss of earning capacity: if the injury affects your ability to perform your job or to be promoted, get a vocational assessment or written opinion from a treating provider.
• Other out‑of‑pocket costs: transportation to appointments, child care, home help, home modifications.

Step 2 — Estimate non‑economic damages (pain, suffering, emotional distress)

Non‑economic damages have no receipts. Common valuation approaches used in negotiations:

• Multiplier method: Add your economic damages, then multiply by a number that reflects severity and permanence (small fractures with quick recovery: 1–2; displaced fractures with surgery/long PT: 2–4; major permanent impairment: 4+). Multipliers are a starting point for negotiation, not a rule.
• Per‑diem method: Assign a reasonable daily dollar figure for pain and suffering and multiply by the documented recovery period.

Step 3 — Consider liability, comparative fault, and how they reduce recovery

Fault matters. If the insurer can show you were partly to blame, any award or settlement will usually be reduced by your share of fault. When preparing a demand, anticipate common defenses and either address them (with photos, witness statements, police reports) or reduce your demand to reflect likely percentage adjustments.

Step 4 — Account for insurance limits and defendant resources

Insurance policy limits often cap what you can realistically get from the defendant’s carrier. If the at‑fault driver has a $50,000 liability policy and your total demand is $200,000, you must decide whether to accept the policy limit, sue for the excess (and hope to collect from the person’s assets), or look to your underinsured motorist coverage.

Step 5 — Deduct expected liens, subrogation and legal fees

Healthcare providers, health insurers, or government programs (Medicare/Medicaid) may have repayment or lien rights. Also factor attorney contingency fees (commonly 33%–40% in personal injury cases if a suit is filed), court costs, and expert fees. These reduce your net recovery, so your demand should reflect the gross amount you need to reach your goals after these deductions.

Step 6 — Build a demand strategy and support it with a complete package

A persuasive demand includes:

• A clear demand letter (one total dollar figure and a short justification).
• A medical chronology and copies of records and bills.
• Photographs of the injury/accident scene and any property damage.
• Statements from treating providers about diagnosis, treatment, prognosis and permanency.
• Proof of lost wages and daily life disruption (diaries, witness statements).

Illustrative hypothetical: how the math works

Imagine a 35‑year‑old construction worker who fractured the right humerus in a car collision. Documented losses:

• Medical bills to date: $25,000
• Expected future PT and follow‑up: $5,000
• Lost wages (6 weeks): $6,000

Economic total = $36,000. For non‑economic damages, suppose the fracture required surgery and 3 months of recovery with some residual stiffness. Using a multiplier of 2.5: $36,000 × 2.5 = $90,000 in pain and suffering. Gross demand = $126,000.

If you expect the insurer to argue you were 20% at fault, a jury award would be reduced by 20% (net jury recovery $100,800), so you might set a pre‑suit demand somewhat higher (e.g., $140,000) to leave room for negotiation and fees. If the at‑fault driver’s policy limit is $100,000, you will likely demand that limit first and pursue any additional recovery from other sources.

Practical negotiation tips

• Start with a demand that’s fully justified by documents — don’t inflate numbers without support.
• If you expect litigation, present a stronger demand (with room to move). If you want a quick settlement, keep the number realistic and reasonable.
• Be prepared to explain why your chosen multiplier or per‑diem is reasonable: cite permanence, lost activities, and objective medical findings (e.g., limited range of motion).
• Consider timing: some insurers move faster when records show a plateau in recovery or when future care estimates are in place.
• Ask about the carrier’s policy limits early. That often controls the top offer.

When to talk to an attorney

Consult a personal injury attorney if:

• Your medical bills or future care needs are substantial.
• You face complex fault disputes or serious permanent impairment.
• The at‑fault party has limited insurance but large assets, or the insurer denies responsibility.

Helpful Hints

• Keep a recovery diary: daily notes about pain, limitations, and how the injury affects life — this is powerful for non‑economic claims.
• Get clear, written future care estimates from treating clinicians early.
• Collect witness contact info and preserve photos of the scene and your injury.
• Ask your employer for a written statement about lost time and duties you could not perform.
• Understand your insurer’s subrogation and repayment obligations — medical providers or insurers may demand repayment from any settlement.
• Do not sign releases until you understand all current and reasonably foreseeable future medical needs.
• Consider the emotional and lifestyle losses (parenting limits, lost hobbies) — those are part of pain and suffering and deserve documentation.

Disclaimer: This article is informational only and does not provide legal advice. Laws and procedures vary and change. For advice specific to your claim in South Carolina, consult a licensed South Carolina personal injury attorney who can review your records and explain how local rules and facts affect the right demand amount.