FastCounsel

Overview
When you prepare a demand letter after a broken arm injury in Vermont, you want a number that fairly reflects what you’ve lost (medical bills, lost wages, future care) and what you’ve endured (pain, reduced function, scarring, emotional distress). The goal is to present a clear, well-documented demand that an insurer or opposing party can evaluate and that positions you to settle without filing suit — or to proceed to litigation if necessary.

Step-by-step method to decide a demand amount

1. Document all economic damages (hard costs) first.
   • Collect all medical bills and itemized statements related to the broken arm: ER visit, imaging (x-rays, CT, MRI), orthopedic consultations, surgery, implants, physical therapy, prescriptions, medical devices (splints, braces), and transportation for treatment.
   • Add lost wages: use pay stubs, employer letters, and tax records. Include lost overtime, bonuses, or benefits if the injury reduced earning capacity.
   • Include out-of-pocket costs: childcare, housecleaning, home modifications, travel expense for treatment, and medication co-pays.
2. Estimate future (prospective) costs.
   • If your injury is likely to require ongoing care (extended physical therapy, future surgery, permanent restrictions), obtain a written prognosis from your treating physician. Ask for estimated future medical costs and functional limitations.
   • When future costs are significant or contested, an expert (orthopedist, life-care planner, or vocational specialist) can produce a cost projection you can include with the demand.
3. Value non-economic damages (pain, suffering, loss of enjoyment).
   • There is no fixed statutory formula in Vermont to convert pain and suffering into a dollar number. Common approaches include:
   • Multiplier method: multiply your economic damages by 1.5–5 (lower end for relatively short, quickly resolving injuries; higher end for permanent impairment or major surgery).
   • Per diem method: assign a daily dollar amount for each day from injury to maximum medical improvement and multiply by the number of days.
4. Adjust for seriousness and permanence.
   • Factors that increase value: surgery (e.g., ORIF — open reduction internal fixation), permanent loss of range of motion, nerve injury, permanent scarring, long-term disability affecting hobbies or job duties.
   • Factors that decrease value: rapid full recovery with no residual loss, pre-existing conditions that contributed to the injury, or shared fault by the injured person.
5. Consider comparative fault and liability exposure.
   • If the other side can show you were partially at fault, Vermont’s comparative negligence rules will reduce your recoverable damages proportionately. Estimate a realistic fault percentage and apply it to your total.
   • Also evaluate the at-fault party’s insurance limits and personal assets. A very high demand against an underinsured defendant is unlikely to result in a higher recovery.
6. Include litigation risk and costs.
   • Decide how much to reduce your demand to reflect the risk and cost of going to trial (attorney fees if contingency, court costs, time). Insurers know litigation is expensive and sometimes offer settlements below true value for that reason.
7. Produce a clear demand package.
   • Attach medical records, bills, wage documentation, a short chronology of treatment, and a medical summary or letter from your treating doctor describing injuries and prognosis.
   • Explain non-economic effects (sleep loss, inability to perform household tasks, lost hobbies) with concrete examples — insurers respond better to specifics than to vague statements.
8. Set an opening demand and a bottom line.
   • Your opening demand should be somewhat above the lowest amount you’ll accept, leaving room to negotiate. But it should be supported by the documentation — excessive, unsupported numbers reduce credibility.
   • Know your walk-away number (policy limits or the least acceptable amount after accounting for comparative fault and litigation costs).

Special Vermont considerations

• Statute of limitations: Vermont limits the time you have to file a personal injury lawsuit. Confirm the deadline that applies to your case so the demand and any settlement negotiations do not cause missed filing dates. For more information, search Vermont statutes on limitations: Vermont Legislature — Statute of Limitations search.
• Comparative fault and damage allocation are governed by Vermont law; if the insurer claims you share fault, your recoverable damages will be reduced proportionately. Review relevant Vermont civil rules and tort law via the state legislature: Vermont Legislature — Comparative Negligence search.
• Insurance policy limits matter. If the at-fault party has low limits, the practical negotiating ceiling is the policy limit unless you can pursue additional defendants or uninsured motorist coverage.

Example demand-calculation (hypothetical)

Facts: 35-year-old construction worker breaks arm in fall caused by another party’s negligence. Surgery required with plate and screws; 6 months of physical therapy; permanent 10% loss of wrist/forearm function; $45,000 in past medical bills; $12,000 lost wages (6 months); future physical therapy and potential hardware removal estimated at $8,000.

Calculation:

• Economic damages: $45,000 (past medical) + $12,000 (lost wages) + $8,000 (estimated future care) = $65,000
• Non-economic (use multiplier 2.5 for surgery + permanent impairment): $65,000 × 2.5 = $162,500
• Total demand = $65,000 + $162,500 = $227,500
• Adjust for risk, insurer tactics, and any comparative fault claim. If likely 10% comparative fault, realistic recoverable = $227,500 × 0.90 = $204,750. If at-fault party’s policy limit is $100,000, settlement practical ceiling = $100,000 (unless other coverage exists).

This example shows how economic and non-economic components combine and why limits or partial fault often control the outcome.

When to consult an attorney

Consult a Vermont personal injury attorney if:

• Your injury required surgery or caused permanent impairment;
• There are complex liability issues or multiple defendants;
• Insurer denies liability or offers a low settlement relative to documented damages;
• You need help collecting lost-wage documentation or projecting future costs.

An attorney can obtain medical experts, vocational experts, and life-care planners who increase the credibility of future-cost and non-economic damage estimates.

Disclaimer: This information is educational only and does not constitute legal advice. For advice about your specific situation, consult a licensed Vermont attorney.

Helpful Hints

• Start documentation immediately: keep a treatment diary, save all bills, and record impacts on daily life and work.
• Get a clear medical prognosis early — it’s central to valuing future damages.
• Request itemized bills and explanation-of-benefits (EOBs) from insurers to verify amounts actually owed.
• Understand policy limits before setting expectations — many cases resolve at or near available insurance limits.
• Use conservative, well-supported estimates in your first demand; avoid inflated numbers without documentation.
• Ask for a written settlement offer; verbal promises from insurers are not reliable.
• Keep negotiation deadlines realistic — don’t sacrifice a full recovery for a quick, low settlement due to pressure.
• If you hire an attorney on contingency, ask about likely fee rates, estimated costs, and whether costs are advanced by the firm.
• Confirm the applicable Vermont filing deadline for personal injury claims so settlement talks don’t inadvertently toll or miss critical dates: Vermont Legislature — Personal Injury Limitations search.