South Florida Injury Lawyers Blog
Unless you have been involved in a high stakes injury trial, you are probably unfamiliar with the terms “remittitur” and “additur.” They aren’t common knowledge, but they can have a substantial impact on any personal injury lawsuit.
In Florida, remittitur and additur come into play after the jury has rendered a verdict. Either side can ask the judge for a remittitur (a reduction of damages, usually by motion of the defense) or an additur (additional damages awarded, usually by motion of the plaintiff). The judge has discretion to decide whether such a request is appropriate. Some of the things the judge will consider include:
- Whether jurors obviously ignored evidence or facts presented at trial;
- Whether there is a reasonable connection between the evidence and amount of the verdict award;
- Whether the award was too small or too big because of some prejudice or bias;
- Whether the verdict is logical based on the evidence.
F.S. 768.74 is what governs judicial power on this. It’s an element of a case cannot be ignored, as it can significantly impact the amount you receive following a serious injury. Remittiturs and additurs can also be subject to appeal. Statutes on this power vary from state-to-state. Continue reading →