How to Decide the Right Demand Amount for a Broken Arm Injury in North Carolina

Setting the right settlement demand after a broken arm requires a careful, evidence-based approach. In North Carolina, your demand should reflect clear liability, all economic losses, fair compensation for pain and suffering, any future medical needs, and applicable insurance limits—while accounting for North Carolina’s contributory negligence rule and potential liens.

Detailed Answer

1) Confirm liability first (North Carolina’s contributory negligence rule)

North Carolina follows contributory negligence. If you share any fault—even a small percentage—you may be barred from recovery. The defendant has the burden to prove contributory negligence under N.C.G.S. § 1-139. Before you set a demand, evaluate police reports, witness statements, photos, and crash data to ensure liability is strong. Where fault is disputed, you may reduce your initial demand to reflect litigation risk or focus on facts that defeat contributory negligence (for example, the other driver’s clear violation, last clear chance, or intoxication).

2) Add up your economic damages (past and future)

Medical expenses: North Carolina evidence rules limit what juries can hear about medical charges to amounts actually paid or necessary to satisfy outstanding bills (see N.C. R. Evid. 414 (N.C.G.S. § 8C-1)). To prove the bills and their reasonableness/necessity, you can use medical records and affidavits under N.C.G.S. § 8-58.1. In negotiations, insurers often focus on amounts paid and still owed.
Future medical care: For fractures, consider hardware removal, physical therapy, injections, or potential arthritis. Get a treating provider’s written opinion and cost projections.
Lost wages and loss of earning capacity: Document time off, reduced hours, or job duty changes. A doctor’s work restrictions and employer wage verifications support this claim. If the injury affects long-term earning capacity (e.g., dominant arm for manual work), include vocational evidence if available.
Out-of-pocket costs: Mileage to appointments, braces, slings, co-pays, prescriptions, and home help are recoverable when reasonable and necessary. Keep receipts.

3) Value non-economic damages for a broken arm

Non-economic damages compensate for pain, suffering, inconvenience, scarring, loss of function, and loss of enjoyment of life. North Carolina does not cap non-economic damages in ordinary negligence cases. (There is a separate cap for medical malpractice at N.C.G.S. § 90-21.19, which does not apply to most car or premises accidents.)

Two common ways to frame non-economic damages:

Multiplier method: Apply a multiplier to medical expenses (often 1.5–4.0+). Use higher multipliers for surgery, permanent impairment, dominant arm involvement, visible scarring, or long recoveries.
Per diem method: Assign a daily rate for pain and limitations, multiplied by the number of reasonable recovery days.

For fractures, value drivers include: surgery (ORIF), number of fractures, hardware, infection risk, weeks in a cast, therapy duration, permanent impairment rating, grip strength loss, range-of-motion limits, and whether the injury affects work or caregiving.

4) Check insurance limits, UM/UIM, and stacking

Your demand should consider available coverage. In auto cases, North Carolina’s Financial Responsibility Act sets required coverages in N.C.G.S. § 20-279.21, including liability, uninsured (UM), and underinsured (UIM) motorist coverage. Identify all applicable policies and potential stacking. If policy limits are low, you may strategically demand limits and pivot to UIM coverage.

5) Consider punitive damages where appropriate

If the at-fault party was grossly negligent (for example, driving while impaired), punitive damages may apply. North Carolina caps punitive damages at the greater of three times compensatory damages or $250,000 under N.C.G.S. § 1D-25, with an important exception for impaired driving claims in N.C.G.S. § 1D-26. Evidence of intoxication can increase your demand.

6) Account for medical liens so you understand the net

While your demand is a gross number, know what must be repaid from proceeds:

Health care provider liens: N.C.G.S. § 44-49 and § 44-50.
Medicaid lien: limited as outlined in N.C.G.S. § 108A-57.

Medicare and ERISA plans also assert reimbursement rights (governed by federal law). Negotiating liens increases your net recovery and informs whether the demand should include room for lien repayment.

7) Timing and leverage

Do not send a final demand until you reach maximum medical improvement or you have solid projections for future care. Keep the three-year statute of limitations for personal injury in mind (N.C.G.S. § 1-52). If a case proceeds to judgment, North Carolina allows interest on damages from the date of filing under N.C.G.S. § 24-5, which can affect settlement posture.

8) Build a clear, documented demand package

Include liability proof, photos, medical records and bills, pain journal excerpts, work restrictions, wage documentation, and any impairment ratings. Use a concise cover letter that explains fault, injuries, damages, and how you calculated the number.

Example: Broken arm demand calculation (hypothetical)

Facts: Right-handed adult with a displaced radial fracture after a rear-end crash. ORIF surgery with hardware, six weeks in a cast, 12 PT sessions, visible scar, 8 weeks off work, ongoing stiffness, and a 7% permanent impairment to the arm.

Medical bills: $38,000 billed; $19,200 paid; $2,800 outstanding. Under Rule 414, insurers focus on $22,000 total paid/owed figure.
Future care: $3,500 for possible hardware removal consult and therapy.
Lost wages: $8,000 with employer verification.
Out-of-pocket: $600 (mileage, brace, prescriptions).

Economic subtotal: $22,000 + $3,500 + $8,000 + $600 = $34,100.

Non-economic damages: Given surgery, dominant arm, scar, and impairment, you might apply a 2.5–3.5 multiplier to the $22,000 medical figure, or use a per diem. Using a multiplier of 3.0 yields $66,000. Adjust for any liability disputes.

Illustrative demand: $34,100 (economic) + $66,000 (non-economic) = $100,100. If the at-fault policy is $30,000 per person (see § 20-279.21), you may demand policy limits and pursue UIM if available.

Helpful Hints

Photograph casts, scars, and at-home challenges (opening doors, driving, lifting) to support non-economic damages.
Ask your doctor for a clear disability/impairment statement and work restrictions; it strengthens wage loss and future care claims.
Track every out-of-pocket cost and mileage from day one.
Verify all insurance: at-fault liability, your UM/UIM, resident relative policies, and any umbrella coverage.
If alcohol was involved, preserve evidence early; punitive damages can change the value calculus (Chapter 1D).
Never ignore liens. Use § 44-49, § 44-50, and § 108A-57 to guide negotiations and protect your net recovery.
If the insurer disputes liability (contributory negligence risk), consider a time-limited policy-limits demand to encourage fair evaluation.
Calendar the three-year deadline (§ 1-52) and file suit if negotiations stall.

If you suffered a broken arm in North Carolina, choosing the right demand number can make or break your case. Our firm handles these valuations daily, from gathering the right documentation to negotiating liens and policy limits. For a customized assessment of your claim, call us at 919-313-2737.