Additur: A Comprehensive Guide to Its Legal Definition and Use
Definition & meaning
Additur is a legal term that refers to a trial court's authority to increase a jury's award of damages when that award is considered too low. This process is used to prevent the need for a new trial when the damages awarded do not adequately reflect the harm suffered by the plaintiff. The defendant must agree to the additur, while the plaintiff does not need to provide consent. Additur is often invoked in cases where the jury's decision may have been influenced by bias, passion, or a misunderstanding of the evidence.
Table of content
Everything you need for legal paperwork
Access 85,000+ trusted legal forms and simple tools to fill, manage, and organize your documents.
Additur is primarily used in civil law cases, particularly in personal injury claims or other tort actions where damages are awarded. It serves as a remedy to correct what the court perceives as an unjustly low jury award. However, it is important to note that additur is not permitted in federal courts, where the only recourse for inadequate damages is to grant a new trial. Users can manage some aspects of this process with legal forms and templates provided by services like US Legal Forms.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: In a personal injury case, a jury awards a plaintiff $10,000 for damages. The judge, believing this amount is insufficient given the evidence, offers an additur of $15,000. The defendant agrees to this increase, and the plaintiff accepts the new amount.
Example 2: A jury awards a plaintiff $5,000 for emotional distress, but the judge finds this amount inadequate. The judge proposes an additur of $20,000. If the defendant agrees but the plaintiff does not, a new trial on damages will be ordered. (hypothetical example)
State-by-State Differences
State
Additur Allowed?
Notes
California
Yes
California allows additur as a remedy for inadequate jury awards.
Texas
Yes
Texas courts can impose additur if damages are found to be inadequate.
Florida
No
Florida does not permit additur; the only option is a new trial.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Key Difference
Additur
Increasing a jury's award of damages.
Requires defendant's agreement; plaintiff's consent is not needed.
Remittitur
Decreasing a jury's award of damages.
Typically initiated by the plaintiff; defendant's agreement is not required.
New Trial
A complete re-examination of the case.
Involves a new jury; does not adjust the original award.
Common Misunderstandings
What to Do If This Term Applies to You
If you believe that a jury's award in your case is too low, consider discussing the possibility of additur with your attorney. If you are the defendant, be prepared to evaluate whether you will agree to an additur if proposed by the court. For assistance with legal forms related to this process, explore the templates available at US Legal Forms. If your situation is complex, seeking professional legal advice is recommended.
Quick Facts
Additur is a remedy for inadequate jury awards.
Not allowed in federal courts.
Defendant must agree to the additur.
Can lead to a new trial if not accepted.
Common in civil cases, especially personal injury.
Key Takeaways
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates
This field is required
FAQs
Additur is a court's authority to increase a jury's damage award when it is deemed too low.
No, additur is not permitted in federal courts. The only option is to grant a new trial.
If the defendant does not agree, the court may order a new trial on damages only.
Yes, the plaintiff is not required to accept an additur offered by the court.
You can explore legal form templates on US Legal Forms to assist with additur-related processes.
