Counter-Anchoring Damages is More Important than Ever

Jurors struggle with deciding a “fair” amount to award a plaintiff in damages. We know this because they say so—not only in research like mock trials, but in interviews after a verdict has been reached at trial. Jurors in both contexts tell us it’s difficult to translate things like injury or loss of life into a monetary award. These aspects of juror decision-making pose formidable challenges to the defense. However, their impact at trial can be mitigated by a sound damages presentation, supported by a counter-anchor. This article discusses the many ways to suggest an effective counteroffer for damages, even when not admitting liability.