Trial Practice
Trial Strategy
The argument states that if the jury finds against the defendant, the evidence supports a specified lower amount. It is framed conditionally to avoid conceding liability.
It counters the plaintiff's anchor with an alternative reference point.
Alternative Names:
Alternative Damages, Conditional Damages Argument
Why it Matters?
Providing a number is generally better than providing none, since research indicates juries awarding damages without a defense reference point anchor entirely on the plaintiff's figure. The framing must be explicit that liability is contested, and jurors understand conditional arguments better than counsel sometimes assume. Supporting the figure with the evidence rather than asserting it is what makes it credible as an alternative rather than a negotiating position.
Frequently Confused with
Related terms
Frequently asked questions
Should the defense offer a damages number?
How is liability preserved?
