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What is an Excessive Verdict? Legal Insights and Implications
Definition & Meaning
An excessive verdict refers to a jury's decision that awards an unusually high amount of damages, which may be influenced by the jury's emotional responses, biases, or prejudices. Such a verdict can shock the conscience of the court, as it often seems to be based on factors unrelated to the case itself, such as a strong emotional reaction to evidence. When a court finds a verdict to be excessive, it has the authority to reduce the awarded amount to align it more closely with similar cases.
Table of content
Legal Use & context
This term is primarily used in civil law cases, particularly in personal injury and tort claims. Excessive verdicts can arise in various legal contexts, including medical malpractice, product liability, and wrongful death cases. If a jury awards damages that far exceed what is typically awarded in similar situations, the judge may intervene. Users can manage related legal forms and procedures through resources like US Legal Forms, which provide templates drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a jury awards a plaintiff $5 million for a minor injury, while similar cases typically result in awards of $100,000, the court may find this verdict excessive. Another example could involve a jury awarding $10 million in punitive damages for a case of negligence, where the usual range is between $500,000 and $2 million (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Typical Approach to Excessive Verdicts
California
Judges often have the discretion to reduce excessive awards.
Texas
Caps on certain damages may influence what is considered excessive.
New York
Judges can grant remittitur to adjust excessive verdicts.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Remittitur
A court's order to reduce a jury's award.
Remittitur is a specific action taken to correct an excessive verdict.
Punitive Damages
Damages awarded to punish the defendant.
Punitive damages can contribute to an excessive verdict if they are disproportionately high.
Common misunderstandings
What to do if this term applies to you
If you believe a verdict in your case is excessive, consider consulting with a legal professional who can assess the situation and advise on possible actions, such as filing a motion for remittitur. For those looking to navigate the legal process independently, US Legal Forms offers a variety of templates that can help in managing the necessary paperwork.
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