What is Per Diem Argument?
Updated January 24, 2026
A method of calculating pain and suffering damages by assigning a specific dollar amount to each day the plaintiff has suffered and will continue to suffer from their injuries.
Understanding Per Diem Argument
The per diem argument is a persuasive trial technique used during closing arguments. The attorney might suggest a daily rate, such as $100 or $200 per day, and multiply it by the number of days the plaintiff will experience pain. For example, $150 per day for 10 years equals $547,500 in pain and suffering damages. Some jurisdictions do not allow per diem arguments, so attorneys must check local rules.
Examples
- 1Attorney arguing $200 per day for 20 years of chronic back pain
- 2Calculating daily rate based on what a person would charge to endure the pain
- 3Per diem argument totaling $365,000 for one year of severe suffering
Related Terms
Multiplier Method
A common formula for estimating pain and suffering damages by multiplying the total medical expenses by a factor, typically between 1.5 and 5, based on the severity of the injuries.
Pain and Suffering
A category of non-economic damages compensating injury victims for physical pain, emotional distress, and diminished quality of life caused by their injuries.
Non-Economic Damages
Compensation for subjective, non-financial losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Closing Argument
The final oral statement made by each attorney to the jury at the conclusion of a trial, summarizing the evidence and arguing why the jury should rule in their client's favor.
Loss of Consortium
A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.
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