How to pick the right demand amount for a broken arm injury in Tennessee

Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about your case, consult a licensed Tennessee attorney.

Detailed Answer — How to calculate a fair demand for a broken arm (Tennessee)

Choosing the right demand amount after a broken arm requires assembling evidence of your losses, estimating future needs, assessing liability, and understanding how Tennessee law and insurance limits affect your recovery. Below is a step‑by‑step method you can use to develop a reasoned demand package and a sample calculation to illustrate.

1. Identify and document the economic damages (hard costs)

• Current medical bills: hospital care, ER, surgery, x‑rays, cast, PT, prescriptions. Collect all itemized bills and insurance explanations of benefits (EOBs).
• Future medical care: expected follow‑up visits, physical therapy, possible corrective surgery, durable medical equipment. Use doctors’ prognoses or a future cost estimate from a treating physician.
• Lost wages and lost earning capacity: pay stubs, employer statements, or tax returns documenting time missed. If you have a permanent limitation that lowers future earning capacity, get a vocational or medical opinion to support an estimate.
• Out‑of‑pocket expenses: travel to appointments, childcare, home help, parking receipts.

2. Quantify non‑economic damages (pain, suffering, loss of enjoyment)

Non‑economic losses (pain and suffering, emotional distress, loss of consortium) lack precise receipts. Common approaches include:

• Multiplier method: multiply total economic damages by a factor (often 1.5–5). Choose a lower multiplier for shorter, less severe injuries and a higher multiplier for long recovery, visible scarring, chronic pain, or permanent impairment.
• 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.

3. Add a buffer for uncertainties and future needs

Include a reasonable cushion for unexpected complications or additional therapy. Insurers expect negotiation — starting with a modestly higher demand gives room to compromise.

4. Assess liability and Tennessee legal factors

• Liability strength: clear fault (e.g., a driver ran a red light) supports a higher demand. Weak or shared fault means your demand should reflect risk.
• Comparative fault: Tennessee reduces recovery in proportion to a plaintiff’s fault. If you were partly at fault, reduce your expected recovery accordingly when setting a demand. (Check Tennessee law resources at the state legislature site: https://www.capitol.tn.gov/.)
• Statute of limitations: act promptly. Personal injury claims in Tennessee are subject to time limits. See Tennessee Code Title 28 (statutes of limitation) for details: https://www.capitol.tn.gov/titles/28/chapters/3/.

5. Consider insurance limits and defendant resources

If the at‑fault party has a low policy limit, a demand above that limit may be realistic only if the defendant has significant assets beyond insurance. Confirm the insurer and policy limits before finalizing your demand.

6. Pack a persuasive demand letter

Include in your demand packet:

• Cover letter stating the demand amount and deadline for response.
• Chronological summary of the accident and injuries.
• Medical records and itemized bills; any medical summaries or future care estimates.
• Proof of lost income and other economic losses.
• Photographs (injuries, scene), witness statements, police report if any.
• A succinct explanation of why your demand is reasonable (tie facts to damages).

7. Negotiate strategically

Expect counteroffers. Don’t accept the first low offer without checking medical prognosis and insurance limits. If negotiation stalls, evaluate whether filing a lawsuit (before the Tennessee statute of limitations runs) improves leverage. See Tennessee Code Title 28, Chapter 3 for timing rules: https://www.capitol.tn.gov/titles/28/chapters/3/.

Sample hypothetical calculation — broken arm

Hypothetical facts: displaced forearm fracture requiring surgery, 8 weeks out of work, 12 weeks of physical therapy, and medical bills so far.

• Medical bills to date: $18,000
• Expected future care (PT + follow‑up): $4,000
• Lost wages: $6,000
• Total economic damages = $28,000
• Apply a non‑economic multiplier of 2.5 (moderate/severe pain, surgery, some permanent stiffness): 28,000 × 2.5 = $70,000
• Demand amount = economic $28,000 + non‑economic $70,000 = $98,000
• Adjust for any comparative fault or insurer limits before sending the demand

This yields a reasonable opening demand, subject to evidence strength and insurer reaction.

When to consult a Tennessee attorney

Talk to an attorney if any of the following apply:

• The injury required surgery, caused permanent impairment, or has a complicated prognosis.
• Liability is disputed or multiple parties/insurers are involved.
• An insurer makes a very low offer or denies coverage.
• You aren’t sure how to value future losses or permanent impairment.

Helpful Hints

• Get immediate, consistent medical treatment and keep detailed medical records — gaps weaken your claim.
• Keep every receipt and record of out‑of‑pocket expenses and lost time from work.
• Ask your treating physician for a short letter summarizing diagnosis, treatment plan, and any permanent limitations — this helps prove future costs.
• Photograph injuries and accident scene promptly; collect witness names and contact info.
• Before accepting any settlement, compare the offer to a realistic full recovery value (including future needs). If the offer is less than your documented economic losses, don’t accept without advice.
• Remember negotiation is normal: start with a reasoned, well‑documented demand and be ready to explain the math behind your number.
• Watch deadlines — read Tennessee’s statutes of limitation and file suit in time if negotiations fail: https://www.capitol.tn.gov/titles/28/chapters/3/.

If you want, provide high‑level details about your treatment, bills, and the accident facts (no personal identifying information). I can walk you through a tailored sample calculation you could use in a demand letter or to discuss with a Tennessee attorney.