Deciding the Right Demand Amount for a Broken Arm Injury in Texas

Detailed Answer

When you prepare a settlement demand for a broken arm injury in Texas, you turn medical facts, lost income, and intangible harms into a single number that begins negotiations. The process uses plain math, reasoned judgment, and knowledge of Texas law. Below is a step-by-step method you can follow, plus a short worked example and the most important legal rules to watch.

1. Start with fully documented economic damages

Economic damages are concrete, verifiable losses. For a broken arm, common items include:

• Past medical bills (ER, X‑rays, surgery, implants, medications)
• Future medical care reasonably required (physical therapy, follow‑up surgery, durable medical equipment)
• Lost wages and lost earning capacity
• Out‑of‑pocket expenses (transportation to appointments, childcare)

Add invoices, pay stubs, and expert estimates for future care. Insurers want receipts; a demand without bills looks weak.

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

Non‑economic damages compensate for pain, emotional distress, and loss of normal life. Texas has no single formula required by law, but two common approaches are:

• Multiplier method: Multiply total economic damages by a factor (often 1.5–5). Use a higher multiplier for more severe injuries (surgery, long rehab, permanent impairment).
• Per‑diem method: Assign a daily dollar amount for pain and suffering and multiply by recovery days.

Choose the approach that best fits your facts and explain it in the demand letter.

3. Add case‑specific components

Consider:

• Any permanent impairment or reduced function in the arm
• Scarring, hardware prominence, or limitations on work/recreation
• Any aggravating conduct by the at‑fault party (this can matter for punitive damage discussions)

4. Adjust for comparative fault

Texas follows proportionate responsibility. If you were partly at fault, the defendant (or their insurer) will reduce your recovery by your percentage of fault. See Texas’s comparative responsibility rules at Tex. Civ. Prac. & Rem. Code Chapter 33. Always estimate and document facts relevant to fault before naming a demand amount.

5. Consider insurance policy limits and defendant’s ability to pay

An insurer’s policy limit often caps practical settlement amounts. Ask for the at‑fault party’s liability limits early if you can. If the defendant has low insurance or no assets, an otherwise reasonable demand may not be collectible.

6. Build negotiation room into your initial demand

Start higher than your bottom line but keep the number reasonable and supportable by the facts. Insurers expect back‑and‑forth. An initial demand often includes a cushion of 20–50% depending on negotiability, but do not set an extreme, unsupported figure—this can kill serious negotiation.

7. Watch procedural and statutory rules

Key Texas rules to remember:

• Texas’s general statute of limitations for personal injury is two years. See Tex. Civ. Prac. & Rem. Code §16.003. Do not miss deadlines.
• Comparative responsibility rules: Chapter 33.
• Certain injury categories (for example, medical‑malpractice claims) have special rules and caps. See Chapter 74 (medical liability) and Chapter 41 (limitations on damages) for topics that may apply in specialized cases.

Quick worked example (hypothetical)

Facts: You suffered a displaced broken forearm in a car crash. You had an emergency reduction and internal fixation (plate and screws). You completed 12 weeks of rehab, missed 4 weeks of work, and now have some residual stiffness. Documented items:

• Past medical bills: $18,000
• Estimated future therapy and follow‑up: $4,000
• Lost wages: $3,000

Total economic damages = $25,000.

If you use a multiplier of 3 for pain and suffering (reasonable for surgery + months of rehab and lingering limitation): non‑economic = $25,000 × 3 = $75,000.

Base settlement value = economic ($25,000) + non‑economic ($75,000) = $100,000.

If you believe this case has room for negotiation, you might open with a demand of $140,000–$160,000 to allow bargaining down to your target $100,000. If you were partly at fault (say 20%), an insurer will reduce any award by 20% (comparative fault), so keep that in mind when you pick your opening demand.

When to hire an attorney

Consider hiring an attorney if:

• The injury required surgery or likely has lasting impairment
• An insurer refuses to pay a reasonable amount
• Liability is disputed or you’re assigned a high percentage of fault
• You face complex future care or lost‑earning capacity claims

An attorney can value future damages, obtain expert reports, and negotiate or litigate if needed.

Preparing the demand packet

A persuasive demand letter package should include:

• A clear chronology of the incident and injuries
• Medical records and itemized bills
• Wage documentation (pay stubs, employer statement)
• Photos of injuries, treatment, and accident scene if available
• A reasonable explanation of how you calculated non‑economic damages
• A specific demand number and an explicit statement that the figure is the amount you seek to settle the claim

Helpful Hints

• Document everything from the start: records strengthen your demand.
• Don’t accept the first low offer without asking for written justification.
• Ask insurers for policy limits early. That shapes realistic expectations.
• If your injury requires ongoing care, avoid settling too early unless you can reserve future‑care costs.
• Be conservative in projecting future costs if you lack medical support—get an expert opinion when possible.
• Remember Texas’s two‑year filing deadline: negotiating doesn’t extend that clock. See Tex. Civ. Prac. & Rem. Code §16.003.
• If you hire an attorney, get a clear fee arrangement in writing and understand who pays litigation costs.

Disclaimer: This article explains general legal principles under Texas law and common practices used to calculate settlement demands. It is educational only and not legal advice. For an opinion tailored to your case, consult a licensed Texas attorney.