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 Confused with
Related terms
Frequently asked questions
Why is the argument effective?
Is it permitted everywhere?
