What is Additur?
A court-ordered increase of a jury's damages award when the judge determines the amount is inadequate and not supported by the evidence.
Understanding Additur
Additur is the opposite of remittitur. When a jury returns a verdict that is unreasonably low given the evidence, the plaintiff can move for additur. If granted, the defendant typically has the choice of accepting the increased amount or facing a new trial on damages. Additur is less commonly available than remittitur and is not permitted in federal court under the Seventh Amendment.
Examples
- 1Judge increasing $5,000 award to $50,000 where medical bills alone were $40,000
- 2Court finding jury ignored clear evidence of significant damages
- 3Defendant accepting increased award rather than facing new trial
Related Terms
Remittitur
A court-ordered reduction of a jury's damages award when the judge determines the amount is excessive or not supported by the evidence.
Verdict
The formal decision or finding made by a jury (or judge in a bench trial) on the questions of fact submitted to them during a trial.
Damages
Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.
Appeal
A legal proceeding in which a higher court reviews the decision of a lower court to determine if legal errors were made that affected the outcome.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
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