Damages argument addresses economic components, non-economic damages, and any punitive claim. Restrictions apply in some jurisdictions to per diem arguments, specific dollar suggestions, and golden rule appeals.
Anchoring effects are well documented.
Alternative Names:
Damages Closing, Arguing Damages
Why it Matters?
Anchoring research shows that the first number a jury hears substantially influences the award, which creates the defense dilemma of whether to offer an alternative figure. Declining to argue damages leaves the plaintiff's number as the only anchor, while arguing them can appear to concede liability. Framing an alternative as conditional on a liability finding is the standard resolution, and it should be raised in closing rather than left implicit.
Frequently Confused with
Related terms
Frequently asked questions
What is the anchoring problem?
How is the concession concern addressed?
