Anchoring exploits the cognitive tendency to adjust from an initial reference point rather than reasoning independently. In litigation it means proposing a number in voir dire, opening statement, or closing argument that frames the jury's assessment of non-economic damages.
Plaintiff counsel commonly anchor high; defense counsel must decide whether to offer a counter-anchor or decline to suggest any figure.
Alternative Names:
Damages Anchoring, Numerical Anchoring
Why it Matters?
Anchoring is one of the most consistent contributors to outsized verdicts, because non-economic damages have no evidentiary ceiling and a suggested number fills that vacuum. The defense dilemma is genuine: proposing a counter-number risks conceding liability, while declining leaves the plaintiff's figure as the only reference point. Many experienced defense counsel now argue an alternative figure conditionally rather than leaving the anchor unanswered.
Frequently Confused with
Related terms
Frequently asked questions
Should the defense offer a counter-anchor?
Are specific dollar suggestions always permitted?
