What Is Additur and Remittitur?

Most personal injury claims in Texas do not go to court. Some, however, require trials for fair outcomes for the claimants. A trial hands the decision of whether to accept or deny a plaintiff’s claim – and how much to award in compensation, if accepted – to a jury. If a personal injury trial does not result in the outcome one or both parties were hoping for, a party may have the right to file a motion to the court to increase the verdict (additur) or reduce the jury verdict (remittitur). Use a Houston personal injury lawyer for help understanding these options and how to get the most for your injury claim.

Additur and remittitur give both parties the option to request a different jury verdict if they are unsatisfied with the outcome of a court trial. The courts lend these options as a way to conserve legal resources and keep the justice system as efficient as possible. Rather than forcing the party to request a brand-new trial, the party has the option of simply requesting a different verdict. If a judge grants the request, he or she can avoid the lengthy process of a new trial that may end up with the same outcome as the first. Additur and remittitur are simpler, faster ways to change a jury verdict.

It is not acceptable to file a motion for additur simply because the plaintiff thinks the verdict is too low. If the courts reduced the plaintiff’s recovery amount because of his or her comparative fault, for example, the plaintiff will not have the right to request more money. Additur is also not an acceptable motion to file just because the plaintiff does not agree with the verdict. Additur is only available to someone in Texas in certain situations.

Additur is something only the state justice system has the right to grant. A party cannot file a motion for additur at the federal justice level. In addition, a party can only file for additur if a judge has already denied a motion for a new trial. Additur is a condition of this type of denial. It is up to a judge whether to accept or deny a request for additur or remittitur.

Remittitur is a motion filed with the courts most often by a defendant who believes the jury awarded the plaintiff an excessive amount of compensation. Its goal is to reduce the overall amount of damages awarded to the plaintiff during the civil trial. If a judge believes the amount awarded is not suitable for the circumstances of the case, the judge can force a plaintiff to file a motion for remittitur – whether the plaintiff wants to give up a portion of the award or not. A filer must base a motion for remittitur on a grossly excessive award. If the courts agree with the claims of the filer, it will reduce the amount of damages awarded to the plaintiff without requiring a new trial.

In the past, only a defendant – not a plaintiff – had to consent to additur during a civil trial for the motion to pass. A case in 2019 called Orientale v. Jennings, however, ruled that additurs and remittiturs should require mutual consent by both parties. The Supreme Court ruled that both parties have the right to receive a jury trial. Thus, if one party does not agree to the motion for additur or remittitur, the remedy should be a new trial instead of reducing or increasing the jury verdict. This case established the unfairness of only requiring one party to agree to the motion, as this could mean the wronged party suffering the consequences.

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