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

Short answer: Calculate your demand by adding provable economic losses (medical bills, future treatment costs, lost wages) to a reasonable amount for pain and suffering and any long‑term effects, then adjust for liability risk, comparative fault, and the defendant’s insurance limits. Make sure you act before Wisconsin’s statute of limitations may bar a claim. This is an educational overview, not legal advice.

Detailed answer

Overview — what a demand letter does

A demand letter tells the insurer or at‑fault party what you want to resolve the case without a lawsuit. To be persuasive, it must show the claimant’s injury, medical care, economic losses, and a credible calculation of non‑economic damages (pain, suffering, permanent impairment). In Wisconsin, insurers expect documentation and a clear rationale for the number you pick.

Key categories of damages to include

• Economic damages (provable and objective): past medical bills, future medical costs (estimated), lost income, lost future earning capacity, transportation, and out‑of‑pocket costs.
• Non‑economic damages (subjective): pain and suffering, emotional distress, loss of enjoyment of life, and reductions in quality of life.
• Special considerations: permanent impairment, scarring, limited range of motion, need for future surgery or hardware removal, and any rehabilitation or assistive devices.

Step‑by‑step: how to pick a demand amount

1. Collect documentation. Medical records and itemized bills, physician opinions about permanence or restrictions, wage records/pay stubs, and records of mileage or out‑of‑pocket expenses.
2. Tabulate economic damages precisely. Add all past bills and lost wages. For future medical costs, use a doctor’s estimate or a life‑care plan when future treatment is plausible.
3. Estimate non‑economic damages. Common practical methods are:
   • Multiplier method: multiply total economic damages by a multiplier (often between 1.5 and 5) based on injury severity and permanence.
   • Per‑diem method: assign a daily rate for pain and suffering multiplied by the number of days from injury to maximal recovery.

   Choose the method that best fits your evidence and explain it in the demand package.

4. Adjust for comparative fault and risk. Wisconsin reduces recovery by the plaintiff’s percentage of fault. Consider whether the insurer will argue partial fault. If fault is unclear, use a conservative demand or show evidence to minimize this risk. See Wis. Stat. ch. 895 for tort rules: https://docs.legis.wisconsin.gov/statutes/statutes/895
5. Check insurance limits and defendant resources. If the at‑fault driver’s policy limit is $50,000, a $200,000 demand against a single defendant is often unrealistic unless you can prove underinsured assets or additional responsible parties.
6. Set a negotiation strategy and deadline. Start with a credible higher figure (leaving room to negotiate), but avoid inflated demands unsupported by evidence. Give a reasonable deadline for response.

Example (hypothetical broken arm) — illustration

Facts: You suffered a distal radius fracture after a fall caused by another driver’s negligence. You had surgery with a plate, $18,000 in past medical bills, expect $7,000 in future hardware removal or therapy, and missed two weeks of work with $3,000 in lost wages. A doctor says you have a permanent 10% loss of wrist function and ongoing stiffness.

Calculation:

• Economic damages = $18,000 (past) + $7,000 (future) + $3,000 (lost wages) = $28,000.
• Non‑economic estimate (multiplier): use 2.0–3.5 given surgery and permanent loss. 2.0 × $28,000 = $56,000; 3.5 × $28,000 = $98,000.
• Demand range = $84,000–$126,000. You might start the written demand at the top of that range if liability is clear and evidence is strong, or a bit above it to leave room to settle.

Adjust down if comparative fault is likely, or up if you have strong proof of long‑term impairment, disability, or large life‑impact evidence (photos, expert testimony).

Timing — statute of limitations and urgent steps

Don’t wait too long. Wisconsin sets time limits to file lawsuits for personal injuries. Generally, a lawsuit for personal injury must be filed within the statutory period or you risk losing the right to sue. See the Wisconsin statutes on limitations (for example, see Wis. Stat. ch. 893): https://docs.legis.wisconsin.gov/statutes/statutes/893

Send the demand well before any statute of limitations deadline so you preserve options while negotiating.

Practical negotiation tips

• Include a clear, itemized demand packet: demand letter, medical records, itemized bills, photos, wage documentation, and a narrative connecting facts to damages.
• Attach a physician’s summary or letter about prognosis and future needs when possible.
• Be realistic but optimistic: justify your number with documentation.
• Know the defendant’s insurance policy limits and shape your initial demand accordingly.
• Set a deadline for response and be prepared to file suit if the insurer stalls and the statute of limitations approaches.

Relevant Wisconsin law (where it matters)

Key statutory resources you may review:

• Wisconsin statutes on torts and liability: chapter 895 — https://docs.legis.wisconsin.gov/statutes/statutes/895
• Wisconsin statutes on limitation periods (civil actions): chapter 893 — https://docs.legis.wisconsin.gov/statutes/statutes/893

Note: Some damage caps or special rules apply only in particular contexts (for example, certain actions against governmental entities, or medical malpractice). If your case involves a government defendant or specialized malpractice claims, different rules and notice requirements may apply.

When to consult a lawyer

Consider hiring an attorney if any of these apply:

• Liability or fault is disputed.
• Injuries are severe, permanent, or require projected future care.
• Insurance limits are high or multiple defendants are involved.
• You face complex wage or earning‑capacity claims.
• You’re uncomfortable negotiating with insurers or want a professional valuation and demand package.

An attorney can help build stronger evidence for future damages, prepare a life‑care plan, and negotiate or litigate if needed.

Helpful Hints

• Keep organized medical records and a treatment timeline — insurers respond to clear proof.
• Get a written prognosis from your treating physician about permanency and restrictions.
• Document daily life impacts (journal, photos, witness statements) to support non‑economic damage claims.
• Obtain wage verification and, if needed, a vocational expert for lost earning capacity claims.
• Factor in comparative fault: even small shared fault can reduce recovery significantly in Wisconsin.
• Don’t accept the first low settlement without verifying bills, future needs, and liability exposures.
• If you’ll need future surgery or long‑term care, insist on written estimates from a treating surgeon or rehabilitation specialist.