How to choose the right demand amount for a broken arm injury in Alaska

Disclaimer: I am not a lawyer. This information is educational only and not legal advice. For advice about your specific case, consult a licensed Alaska attorney.

Detailed answer: How to calculate a fair demand for a broken arm

When you send a settlement demand after a broken arm, your goal is to present a clear, well-documented dollar figure that fairly compensates you for past and future losses and gives the insurer a reasoned basis to settle. In Alaska, personal injury claims are governed by the state civil statutes (Title 09). For general reference to Alaska’s civil statutes, see the Alaska Legislature’s site for Title 09: https://www.akleg.gov/basis/statutes.asp?title=09. Also consult the Alaska Court System for self-help resources: https://www.courts.alaska.gov/.

A demand amount usually includes several categories of damages. Write them out separately with supporting documentation, then add a reasoned amount for non-economic losses (pain and suffering) and, if needed, future costs.

1) Economic (verifiable) damages

Medical expenses: itemized bills and explanation-of-benefits (EOBs) for ER visits, surgeries, imaging (X-ray/CT/MRI), medications, physical therapy, durable medical equipment (slings, braces). Include both billed amounts and what insurers actually paid.
Lost wages: pay stubs, employer statements showing time off and lost overtime or shift differentials. Include a calculation of past lost income.
Out-of-pocket expenses: transportation to appointments, childcare, home help, prescription costs, parking/tolls. Keep receipts.

2) Non-economic damages (pain, suffering, loss of enjoyment)

These are not listed on a bill. Common approaches to put a dollar value on non-economic loss include:

Multiplier method: add up economic damages and multiply by a factor (often 1.5–5). Lower multipliers fit minor fractures with quick recovery; higher multipliers fit severe fractures, surgeries, permanent impairment, or prolonged disability.
Per diem method: assign a daily dollar amount for pain and suffering (for example $50–$500 per day) and multiply by days you experienced symptoms or disability.

For a simple broken arm that healed with immobilization and brief physical therapy, insurers commonly expect lower multipliers (1.5–2.5). For a complex fracture requiring surgery, fixation hardware, prolonged therapy, or with residual stiffness or nerve damage, a higher multiplier (2.5–4+) or higher per-diem may be appropriate.

3) Future damages and permanent impairment

If your broken arm caused a permanent limitation, reduced range of motion, chronic pain, or future surgeries, include a present-value estimate of future medical costs and lost earning capacity. Use medical opinions (treating surgeon, independent medical exam) and cost estimates. Note that future damages require credible medical support.

4) Insurance policy limits and defendant’s financial exposure

Check the responsible party’s liability policy limits. If the policy limit is lower than your calculated demand, realistic settlement talks will center on that limit. Insurers will not pay more than their insured’s limits unless the insured has personal assets and agrees to an umbrella settlement.

5) Liability risk and comparative fault

Alaska law addresses allocation of fault between parties. If the defendant can argue you were partly at fault, the insurer will reduce exposure. Before setting a demand, assess the strength of liability evidence (photos, witness statements, police reports) and the risk the insurer will assign partial fault. Adjust your demand downward if liability is uncertain.

6) Example calculation (hypothetical)

Hypothetical facts: ER visit and imaging $6,000; fracture fixation surgery $18,000; physical therapy $2,000; prescriptions and supplies $500; lost wages $3,000. Total economic = $29,500.

If the fracture was moderately severe with surgery and several months of recovery but full functional return, you might use a multiplier of 2.5:

Demand = $29,500 x 2.5 = $73,750.

If there is expected future surgery or permanent impairment, estimate future medical ($10,000) and add reduced earning capacity ($15,000 present value), then apply a multiplier appropriate to the increased severity or simply add non-economic separately.

7) Practical negotiation considerations

Start a bit higher than your bottom line to allow room for negotiation.
Tailor your demand to the insurer’s file: include clear, credible medical notes and objective evidence (X-rays, operative reports).
Be realistic when liability is disputed or when the defendant’s insurance is limited.
Consider the insurer’s typical settlement range for similar injuries in Alaska: adjust expectations based on local practice patterns.

Preparing a strong demand package

Write a concise demand letter summarizing the accident, liability facts, and injuries.
Attach itemized medical bills, medical records, imaging, prescriptions, wage documentation, photos of the injury/scene, and witness statements or police reports.
Include a clear damages worksheet showing your economic totals and the method used to calculate pain and suffering and future losses.
Explain any special impacts: childcare needs, inability to perform household tasks, hobbies lost, or vocational limitations.

When to hire an attorney

Consider hiring an Alaska personal injury attorney if:

The demand is large or the case is complex (surgery, permanent impairment, long-term disability).
The insurer denies liability or offers a low settlement.
You face disputes over medical causation or pre-existing conditions.
There are multiple defendants or significant policy limits issues.

An attorney can run a demand analysis, negotiate with insurers, and file suit if needed. If you consult an attorney, bring the same documentation you’d include in a demand packet.

Helpful Hints

Document everything: keep bills, appointment records, photos, and receipts.
Get treated promptly and follow the treatment plan — gaps or missed appointments can weaken your claim.
Keep a pain and symptom diary describing daily limitations and recovery progress.
Request itemized medical bills and EOBs to show what was charged vs. paid.
Obtain a functional loss or permanent impairment rating from your treating physician if applicable.
Be conservative about deadlines: Alaska’s civil statutes (Title 09) contain limitations and procedural rules — check the statutes and act early: Alaska Statutes, Title 09.
Start your demand higher than your minimum acceptable settlement to leave room to negotiate.
Don’t accept the first offer without comparing it to your documented past and future losses and considering attorney consultation.

If you want help organizing a demand worksheet or estimating a specific number from your medical bills and facts, consider talking to an Alaska personal injury attorney for a case-specific estimate and next steps.

Again: this is educational information and not legal advice. Consult a licensed Alaska attorney to evaluate your particular injury and legal rights.