With increasing frequency, appellate courts across the country are being forced to decide the propriety of counsel for the plaintiff utilizing a formula, or per diem approach, when discussing damages for pain and suffering in closing argument. Until a few years ago, this technique seems to have excited little attention, and to have generated few appeals. The steady rise in automobile accidents, the increasing amount of personal injury litigation, and the tendency of the courts to scrutinize carefully every procedure that might detract from a fair trial, have combined to bring this type of argument to the attention of the courts, with the result that today, few other non-substantive techniques have commanded as much appellate attention.
Thomas L. Cooper,
The Role of the Per Diem Argument in Personal Injury Suits,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol5/iss3/6