Per Diem Argument

Per Diem Argument

Per Diem Argument

The argument proposes a per-day, per-hour, or similar unit value for non-economic damages and multiplies it by the projected duration. Jurisdictions divide on whether it is permitted.

Some states prohibit it as an improper appeal to arbitrary calculation.

Alternative Names:

Per Diem, Daily Rate Argument

Why it Matters?

The mathematical framing is what makes the argument effective, since a small daily figure appears reasonable while producing an enormous total across decades. Where permitted, the defense response is exposing the multiplication and offering the alternative that non-economic damages are not susceptible to unit valuation. Where prohibited, an objection preserves the issue and may support a mistrial if the argument is made.

Frequently asked questions

Why is the argument effective?

Is it permitted everywhere?