Detailed Answer
Short overview: Deciding a proper settlement demand for a broken arm in Virginia means adding what you have already lost (past medical bills, lost wages), what you will likely lose or need (future medical care, lost future earnings, permanent impairment), and a fair amount for pain, suffering, and loss of life quality. Then adjust that number for liability risk, Virginia law risks (including contributory negligence), and the defendant’s insurance limits.
This is general information only and not legal advice. Consult a licensed Virginia attorney before taking legal action.
Step-by-step framework
- Document past economic losses. Gather all medical bills, itemized provider statements, pharmacy receipts, medical transport bills, and receipts for medical devices. Add documented lost income (pay stubs, employer statements, tax records). These form your measurable past economic damages.
- Estimate future economic losses. If the fracture left a permanent impairment or needs ongoing therapy, get written medical opinions estimating the cost and duration of future care. If the injury reduces earning capacity, quantify lost future earnings with a vocational or economic expert when appropriate.
- Assess non-economic damages (pain and suffering). Virginia allows recovery for pain, suffering, inconvenience, loss of enjoyment of life, and emotional distress. There is no fixed formula in Virginia law; practitioners commonly use either a multiplier of past economic damages (commonly 1.5–5x for moderate to severe injuries) or a per diem approach (a daily rate multiplied by recovery days). For a broken arm that heals without surgery, the multiplier is usually near the low end; where surgery, complications, nerve damage, or permanent impairment occur, the multiplier increases.
- Consider permanent impairment and functional loss. A bone that heals with malunion, reduced range of motion, or nerve damage increases value. Obtain objective medical testing, range-of-motion records, and, if appropriate, a permanency rating from a treating physician.
- Factor in liability risk. Virginia follows the contributory negligence rule in many cases, meaning if a plaintiff is even minimally negligent and that negligence contributed to the injury, recovery can be barred. Because of this harsh rule, evaluate the strength of liability evidence carefully and discount your demand if there is any realistic defense that you were at fault at all. (See the discussion below.)
- Check insurance limits. Learn the at-fault party’s liability insurance limits. If your calculated demand exceeds the defendant’s limits, you may still demand the full value, but expect practical settlement pressure to focus on the policy amount.
- Prepare a written demand packet. Include a cover demand letter stating the demand amount and deadline, legible medical records and bills, photographs of injuries, wage-loss documentation, a narrative of events, and any expert opinions on future need or permanency.
- Set a realistic demand range. Typically, present a single anchor demand (high-but-reasonable) while being prepared to negotiate to a bottom-line figure supported by documentation.
Hypothetical example (simple math)
Facts: adult with a displaced distal radius fracture from a fall. Hospital/ER care and surgery: $25,000. Follow-up PT and medications: $3,000. Lost wages (3 weeks): $2,500. Treating physician reports a 10% permanent impairment of wrist function and increased future risks requiring occasional therapy estimated at $4,000.
Economic damages: $25,000 + $3,000 + $2,500 + $4,000 = $34,500.
Pain & suffering: choose a multiplier based on severity. If this fracture required surgery and left some permanent limitation, a multiplier of 2.5 might be reasonable: 2.5 × $34,500 = $86,250.
Total demand: $34,500 (economic) + $86,250 (non-economic) = $120,750. Rounded and presented as an initial demand, you might ask for $125,000 while reserving room to negotiate.
Virginia-specific legal points to keep in mind
- Statute of Limitations: Most personal injury claims in Virginia must be filed within two years from the date of the injury. See Va. Code § 8.01-243: https://law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/. Always plan your demand and possible suit filing well before this deadline.
- Contributory fault risk: Virginia’s courts historically apply a contributory negligence rule in many circumstances—if you were at all responsible, you may be barred from recovery. That risk usually lowers settlement value compared to states with comparative fault rules. Discuss liability evidence early with counsel.
Helpful Hints
- Start building your demand packet immediately: detailed medical records, itemized bills, photos of injuries, witness names, and employer wage verification are critical.
- Keep a daily injury journal. Short notes about pain levels, limits on daily activities, and missed events make non-economic damages more persuasive.
- Obtain objective proof of permanency: ROM measurements, imaging, and physician narratives matter a lot for valuation.
- If surgery occurred, request and include operative reports and surgeon summaries—insurance evaluators value these highly.
- Know the at-fault party’s insurer and policy limits before finalizing your demand. If policy limits are low, you may still present full value to anchor negotiations.
- Be cautious about recorded statements to insurers. Consult an attorney before giving recorded interviews that can be used to argue contributory negligence.
- Send your demand well ahead of the statutes of limitation; a common strategy is to send a demand 60–90 days before the filing deadline so negotiations can occur without losing your right to file suit.
- If liability is unclear or the injury is major, consult a Virginia personal injury attorney for valuation, negotiation, and to avoid procedural pitfalls unique to Virginia courts.
When to hire an attorney: If liability is disputed, injuries are significant (surgery, permanent impairment), future care is likely, or the potential recovery exceeds policy limits, speak with a Virginia lawyer who handles personal injury claims. An attorney can prepare stronger demand packets, obtain expert opinions, and file suit in time if needed.
Reminder: This article provides general information about how demand amounts are calculated and key Virginia considerations. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Virginia attorney.