Deciding the Right Demand Amount for a Broken Arm in Idaho

Quick summary: To set a reasonable settlement demand for a broken arm in Idaho, add your verifiable economic damages (medical bills, lost wages), estimate future medical costs and lost earning capacity if any, and calculate non-economic damages (pain and suffering, loss of use). Then adjust for comparative fault, insurance policy limits, and negotiation strategy. Below is a step-by-step FAQ-style explanation to help you prepare a demand that’s credible, supported by documentation, and tuned to Idaho law.

Detailed Answer: How to calculate the right demand amount for a broken arm (Idaho law)

1. Understand what categories of damages apply

Economic damages: past medical bills, future medical costs related to the arm, prescription costs, assistive devices, and lost wages or lost earning capacity.
Non-economic damages: pain and suffering, disfigurement, loss of enjoyment of life, emotional distress related to the injury and recovery.
Special damages: travel to medical appointments, home help, physical therapy, and out‑of‑pocket supplies.

2. Gather and organize proof

Your demand must be backed by documentation:

Complete medical records and itemized bills from the ER, surgeons, physical therapy, imaging (X-rays/CT/MRI), and pharmacies.
Employer records showing time missed and lost wages, or tax returns/self-employment records if you are a contractor or business owner.
Photographs of the injury and of healing, records of range-of-motion testing, doctor notes about permanent impairment or restrictions.
Receipts for related out-of-pocket expenses and proof of future care estimates (doctor letters, physical-therapy plans, or life-care plan if applicable).

3. Calculate economic damages (hard numbers first)

Sum the verifiable past costs:

Past medical bills: add each bill (hospital, surgery, imaging, PT).
Past lost wages: pay stubs, employer verification.
Estimated future medical costs: ask your treating physician for a written estimate of anticipated future procedures, therapy, or assistive needs.
Future lost earning capacity (if the injury affects long-term ability to work): supported by vocational expert or doctor’s restriction notes.

4. Estimate non-economic damages (two common approaches)

Non-economic damages (pain, suffering, loss of enjoyment) have no fixed mathematical value, so two frequently used methods in practice are:

Multiplier method: Multiply your total economic damages by a factor (commonly 1.5 to 4). Less severe injuries use lower multipliers; more severe or permanent injuries justify higher multipliers. A straightforward broken arm that required surgery and left some permanent limitation might use a multiplier from 1.5–3, depending on scarring/limited use.
Per diem method: Assign a daily dollar value for pain and suffering from the date of injury to a reasonable recovery date and multiply by days. This is less common for injuries with long-term consequences.

5. Example hypothetical calculation (illustrative)

Hypothetical facts: broken forearm from a fall, open reduction and internal fixation (surgery), 6 weeks of lost work, physical therapy, partial permanent stiffness. Verifiable numbers:

Past medical bills: $25,000
Past lost wages: $4,000
Estimated future medical / therapy: $10,000
Total economic damages = $39,000

If you use a multiplier of 2 for non-economic damages: $39,000 x 2 = $78,000 (pain and suffering). Total demand = economic ($39,000) + non-economic ($78,000) = $117,000. Adjust up or down based on comparative fault, insurance limits, negotiation posture, and the strength of evidence.

6. Adjust for comparative fault and legal constraints

Idaho follows comparative fault principles: if the injured person was partly at fault, the final recovery can be reduced by that percentage. Build an honest assessment of any shared fault into your demand.
Consider whether any statutory or case-law rules apply to your particular claim (e.g., health care provider liability has special rules). For time sensitivity, remember Idaho’s statute of limitations for personal injury claims: generally two years from the date of injury. See Idaho Code §5-219 and check the statute directly for exceptions: Idaho Code (see §5-219).

7. Consider insurance policy limits and practical negotiation strategy

Check the defendant’s insurance policy limits if you can (some insurers will disclose the limit early in claims handling). If the policy limit is low, your maximum practical recovery may be capped at that limit unless the defendant has significant assets.
Start with a reasonable but slightly higher demand than your target settlement to leave room for negotiation.
Be realistic: an unsupported high demand is easy for the insurer to dismiss; a demand tied to clear documentation invites settlement.

8. Prepare a professional demand package

Include a cover letter summarizing the case, liability points, and your demand number and deadline for response.
Attach medical records, itemized bills, wage documentation, photos, and physician statements about prognosis and restrictions.
Explain future care needs with estimates or a life-care plan if needed.

9. Expect negotiation and possibly mediation

Most personal-injury claims settle after back-and-forth offers. Be prepared to provide clarifying documents promptly. If you can’t reach a reasonable settlement, you may consider filing a lawsuit before the two-year statute of limitations expires (see Idaho Code §5-219), then pursue discovery and possibly mediation or a trial.

Helpful Hints

Document everything from day one: photos, a pain journal, missed activities, and records of how the injury affects daily life.
Get an early physician opinion about permanency or restrictions—written notes from treating doctors strengthen future-damage estimates.
Be conservative with future-cost estimates. Insurers will scrutinize future medical projections; base those on treating provider opinions or a life-care plan.
Know your medical liens: if insurance or Medicaid paid bills, that lien or subrogation likely must be resolved when you settle. Factor liens into your net recovery expectations.
Keep settlement communication professional and focused on facts: clear documentation and a calm, organized demand letter win more often than emotional appeals.
If the insurer denies liability or offers a low number, consider mediation or consult an attorney for an objective evaluation of the claim’s value and litigation risk.
File suit before the statute of limitations expires. Idaho’s general personal-injury statute requires action within two years in most cases (see Idaho Code §5-219). Consult the statute or an attorney for exceptions and timing.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and every case has unique facts. For an evaluation of your specific situation, consult a licensed attorney in Idaho.