Adjusting Jury Verdicts: What Is Additur and Remittitur?
Additur and remittitur are legal concepts used in civil litigation to address situations where a jury's award of damages is deemed excessively low or high. These mechanisms help ensure fairness and efficiency in the judicial process by avoiding the need for a completely new trial.
What is Additur?
Additur refers to the power of a trial court to increase the amount of damages awarded by a jury when the court finds the award to be unreasonably low. This is typically done to avoid a retrial and ensure that the plaintiff receives fair compensation for their losses.
What is Remittitur?
Remittitur, on the other hand, is the process by which a trial court reduces a jury's award of damages when it is found to be excessively high. This helps prevent unjust enrichment of the plaintiff and maintains the integrity of the judicial process.
Why Do Additur and Remittitur Exist?
Additur and remittitur exist to promote judicial efficiency and fairness. They provide a way to correct a jury's award without the need for a completely new trial, which can be time-consuming and costly for both parties involved. These mechanisms also help maintain consistency in damage awards and prevent extreme verdicts that could undermine public confidence in the legal system.
When are Additur and Remittitur Invoked?
Additur and remittitur are typically invoked when one party believes that the jury's award of damages is grossly inadequate or excessive. The judge will review the evidence presented during the trial and determine whether the award falls within a reasonable range. If the judge finds the award to be outside this range, they may offer the affected party the option of accepting an adjusted award or facing a new trial.
Factors Considered in Additur and Remittitur Decisions
When deciding whether to grant additur or remittitur, judges consider several factors, including:
Whether the jury's award was influenced by prejudice, passion, or mistake.
Whether the award is supported by the evidence presented during the trial.
Whether the award is comparable to similar cases within the jurisdiction.
Whether the award falls within the limits of what reasonable minds would deem just compensation for the injury sustained.
Likely Outcomes of Additur and Remittitur
The likely outcomes of additur and remittitur depend on the specific circumstances of each case. If the affected party accepts the adjusted award, the case is resolved without the need for a new trial. If the party rejects the adjustment, the court may order a new trial limited to the issue of damages.
Case Scenarios
Personal Injury Case: A plaintiff suffers severe injuries in a car accident and is awarded $10,000 by the jury for medical expenses and pain and suffering. The judge finds this amount to be grossly inadequate and offers the defendant the option of increasing the award to $50,000 or facing a new trial.
Contract Dispute: A plaintiff wins a breach of contract case and is awarded $1 million in damages. The judge finds this amount to be excessive and offers the plaintiff the option of accepting a reduced award of $500,000 or facing a new trial.
Employment Dispute: An employee wins a wrongful termination case and is awarded $100,000 for lost wages and emotional distress. The judge finds this amount to be insufficient and offers the defendant the option of increasing the award to $300,000 or facing a new trial.
Conclusion
Additur and remittitur are important tools in the judicial system that help ensure fairness and efficiency in civil litigation. By allowing judges to adjust jury awards, these mechanisms prevent the need for costly and time-consuming retrials and help maintain consistency in damage awards.