Can my Georgia lawyer suggest a daily dollar amount for pain to the jury?
Yes. Georgia permits a so-called per diem argument, in which an attorney suggests a dollar figure for each unit of time the injured person has experienced or will experience pain, then multiplies it across the relevant period. Counsel may make this argument in closing as long as it stays tied to the evidence.
Why the argument is allowed ¶
Pain and suffering have no fixed market price, so Georgia leaves the amount to the enlightened conscience of impartial jurors. Because that judgment is hard to make in the abstract, lawyers are allowed to offer ways of thinking about value. The per diem approach assigns an amount to a day, hour, or other unit of time and projects it over the duration of the suffering shown by the evidence.
Georgia courts treat this as argument rather than evidence. The attorney is not introducing new facts; they are drawing an inference from evidence about pain that the jury has already heard. Suggesting that the jury consider pain in units of time and attach a reasonable figure to each unit is regarded as a permissible way of arguing the value of an intangible harm.
The limits on a per diem argument ¶
The latitude is not unlimited. The argument must conform to the evidence and to reasonable deductions from it. A few principles keep it in bounds:
- The suggested figure and time period should be grounded in what the evidence actually shows about the person’s pain.
- The argument cannot manufacture facts or invite an award untethered from the proof.
- The jury remains free to accept, reject, or adjust any number counsel proposes; the suggestion does not bind it.
Opposing counsel can challenge the approach in their own closing, and the court oversees argument to keep it within proper limits. The ultimate amount rests with the jury, which sets what it finds reasonable based on all the evidence rather than any formula the lawyer offers.
The bottom line ¶
In Georgia, a lawyer may suggest a daily or other per-unit dollar amount for pain and multiply it over the period of suffering, because this is treated as argument drawn from the evidence rather than new proof. The suggestion must conform to the evidence, and the jury keeps full discretion to decide what amount is reasonable.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.