Remittitur is a legal process often misunderstood but extremely important in personal injury law. When a jury awards a substantial amount in damages, courts sometimes find it necessary to reduce this amount if it’s considered excessively high. If you’re facing this situation or are simply curious about what remittitur means, this guide will break it down in simple terms.
In this post, we’ll cover the basics of remittitur, how it compares to its opposite process, additur, and when each might be applied. We’ll also touch on the role of a personal injury attorney in navigating remittitur cases.
What is Remittitur?
At its core, remittitur is a legal procedure that reduces a jury’s damage award if a judge finds it unreasonably high. The term “remit” means “to give back,” and that’s exactly what happens here—the awarded amount is reduced, or “given back,” to a reasonable level based on the case evidence.
Excessive awards can sometimes occur, especially in cases where juries feel strongly about the defendant’s wrongdoing.
While high awards can sometimes be justified by the facts, there are instances where a court might intervene to bring the amount in line with what’s deemed fair and supported by the evidence.
Why Do Courts Use Remittitur?
The primary purpose of remittitur is to ensure that a plaintiff receives fair compensation—no more, no less.
This approach prevents prolonged legal battles that may result from appeals or new trials.
Remittitur essentially balances the desire for justice with practical considerations.
When is Remittitur Appropriate?
There are specific circumstances where remittitur might be the right approach for a court to take:
High Jury Awards in Personal Injury Cases
In some cases, jury awards can reach substantial amounts, especially if a defendant’s conduct was particularly reckless or harmful.
However, courts sometimes see these awards as excessive, especially if they’re out of proportion to the actual harm done.
Legal Grounds for Remittitur
Judges consider several factors before applying remittitur. They’ll look at whether the jury award goes beyond what the evidence suggests.
If they find the amount unreasonable based on similar cases or the nature of the injury, they may decide to reduce the award.
The Benefits of Remittitur
While the reduction of an award might seem unfavorable, remittitur can actually be advantageous for both parties in a case.
Avoiding New Trials or Appeals
One of the biggest benefits of remittitur is that it helps avoid the costly and lengthy process of a new trial or an appeal.
Defendants unhappy with an excessive jury award might appeal or request a new trial, leading to more time, expense, and stress for everyone involved.
Ensuring Fair Compensation
Remittitur doesn’t aim to take away a plaintiff’s right to compensation; rather, it aims to make sure the compensation is fair and realistic.
This approach allows plaintiffs to receive a payment that better reflects the actual damages, rather than risking the uncertainty of further litigation.
Remittitur vs. Additur
Remittitur is often mentioned alongside additur, but the two serve opposite purposes. Here’s a quick breakdown of how they differ:
How Additur Works
While remittitur reduces an award, additur increases it. Courts may apply additur when they believe the damages awarded are too low.
This happens if a jury award doesn’t fully reflect the injuries or losses suffered by the plaintiff, and a higher amount is justified.
Situations for Additur
Courts might use additur in situations where they find that the jury’s award undervalues the harm done to the plaintiff.
For example, if the jury awards an amount that doesn’t cover medical bills or lost income adequately, additur can raise the compensation to meet the plaintiff’s needs.
Both remittitur and additur ensure that damages align with evidence and legal standards, with remittitur used to reduce excessive awards and additur to boost insufficient ones.
Do You Need an Attorney for Remittitur Cases?
Remittitur cases can be complex and usually involve experienced legal representation. Here’s why having a personal injury attorney is crucial:
The Role of a Personal Injury Attorney
A personal injury attorney is an essential advocate in cases involving remittitur.
They can help explain the legal implications, manage negotiations, and work to secure a fair outcome.
Without a knowledgeable attorney, plaintiffs may face challenges understanding and navigating this process.
Navigating Complex Cases
Cases that involve remittitur require an understanding of both legal standards and previous case precedents.
Attorneys skilled in personal injury law are well-equipped to provide guidance, ensuring their clients’ rights and best interests are protected.
If a plaintiff is facing remittitur, their attorney will work closely with them to evaluate whether accepting a reduced award is wise or if a different approach may be more beneficial.
Should You Accept a Remittitur Offer?
The decision to accept remittitur can be challenging. Plaintiffs might feel reluctant to remit part of their award, but doing so could be in their best interest.
Weighing the Pros and Cons
A plaintiff who chooses remittitur can avoid the delays and costs associated with a new trial or appeal.
Although the award amount may be lower, it also comes with a sense of finality—providing a faster path to resolution and guaranteed compensation.
Risks of Refusing Remittitur
If a plaintiff declines a remittitur offer, the defendant might push for a new trial or file an appeal.
In such cases, there’s a chance that the plaintiff may end up with a lower award or, in some situations, no compensation at all.
While it’s a difficult choice, accepting remittitur often leads to a more certain outcome.
For plaintiffs considering remittitur, it’s essential to discuss the implications with their attorney, who can help them make the most informed decision.
Conclusion
Remittitur is a valuable legal process that ensures personal injury awards remain fair and reasonable. By reducing excessive jury awards, remittitur balances justice with practicality, helping plaintiffs secure fair compensation without unnecessary delays.
However, understanding and accepting remittitur can be complicated, and it’s always advisable to work with an attorney to navigate the process.
If you or a loved one is involved in a personal injury case and facing issues with remittitur, our legal team is here to help. Contact us today for a free consultation to learn how we can support you in pursuing a fair and just outcome.
