Tuesday, September 16, 2014

Anchoring Verdict vs. Itemization of Damages

There is an ongoing dispute in legal theory regarding placing medical bills in evidence.  Some attorneys believe that placing the medical bills into evidence "anchors" the verdict to these amounts potentially driving a verdict down.  Other jurors believe that placing the medicals in the record is a way to set a baseline of minimum damages with the remaining damages to be itemized in a verdict form.  Both approaches have their good points.  To me, the best approach depends on the facts of the case.  A case where there are future medical bills and lost wages with good size medical bills, an itemization is better.  If the medical bills are low with mostly just pain and suffering, disclaiming the medical bills is probably the way to go.  An example of an itemized verdict is located here which can give you some ideas on how the argue the case either way.    

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