What Is Additur?

Additur is a legal concept where a judge increases the amount of damages awarded by a jury when the judge finds that the jury's decision on the monetary compensation was insufficient. It is typically used in civil cases where the court believes the jury has under-assessed the value of the damages.

Additur is not about adding new claims or issues to the case, but rather adjusting the financial award in the interest of fairness. This remedy is often relevant in personal injury lawsuits, though it can apply to other civil cases as well.

Additur Explained

In many civil cases, including personal injury lawsuits, a jury is responsible for determining the amount of damages to be awarded to a plaintiff. These damages may include compensation for medical bills, lost wages, and pain and suffering.

However, if the court believes the jury's verdict is significantly lower than what the evidence supports, the judge may offer the defendant a choice: agree to an increase in the damages or face a new trial. This adjustment to the verdict is known as additur.

The judge does not make this decision arbitrarily. Additur is applied when the damages awarded are so unreasonably low that they fail to compensate the plaintiff adequately for their injuries or losses.

While additur allows for an increase in damages, it does not give the judge the power to re-litigate the case. The judge cannot introduce new facts or re-evaluate the entire trial, but instead focuses solely on whether the jury’s financial award is unjustly low.

The defendant is given the option to accept the increased damages or request a new trial. If the defendant refuses the additur, the court may grant a new trial to reconsider the damages.

The Term Additur in Different Legal Contexts

Personal Injury Cases

In personal injury cases, additur is often considered when the jury’s award does not sufficiently reflect the extent of the plaintiff’s injuries, medical costs, or suffering.

For example, a plaintiff who endured permanent disability due to a car accident but was awarded minimal compensation could benefit from additur if the judge finds the damages inadequate. In such cases, additur ensures that the compensation aligns with the actual losses incurred by the injured party.

Contract and Property Disputes

Additur can also arise in other civil cases, such as those involving breach of contract or property disputes. In these contexts, a judge may determine that the jury's financial award does not adequately cover the losses or damage caused by the defendant’s actions.

For instance, in a breach of contract case, if the jury awards only partial restitution to a party who suffered significant financial loss, the court may intervene through additur to adjust the award.

Employment Law

In employment disputes, particularly those involving wrongful termination or wage theft, a jury may award damages for lost wages or emotional distress. If the amount is found to be disproportionately low, given the facts of the case, a judge may use additur to correct the award and ensure fair compensation.

Common Misconceptions About the Meaning of Additur

One common misconception about additur is that it allows a judge to simply overturn or rewrite the jury’s decision. However, additur does not give the judge the power to entirely replace the jury's verdict.

Instead, it is a remedy specifically focused on adjusting the monetary damages awarded by the jury, without disturbing the other findings of fact or liability. This is important to maintain the integrity of the jury system while ensuring justice is served in terms of fair compensation.

Another misunderstanding is that additur is routinely used in all civil cases. In reality, additur is applied sparingly and only in cases where the jury's award is shockingly low or clearly inadequate based on the evidence. It is not a tool for judges to frequently intervene in jury decisions.

In most cases, the jury’s verdict on damages is respected, and additur is used only as a last resort when the award does not reflect a fair assessment of the plaintiff’s losses.

Additionally, people sometimes confuse additur with remittitur, a related legal concept where a judge reduces the amount of damages if the jury's award is deemed excessively high. While both additur and remittitur deal with adjusting jury awards, they serve opposite purposes: one increases the damages, and the other decreases them.

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What Is Additur?

Additur Explained

The Term Additur in Different Legal Contexts

Personal Injury Cases

Contract and Property Disputes

Employment Law

Common Misconceptions About the Meaning of Additur

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