Additur is a judge-issued increase in compensation to avoid retrial if damages awarded seem insufficient. It acts as punishment and warning, and defendants can accept or opt for a new trial. Conversely, remittitur reduces damages awarded by a jury, and judges are allowed to do so if the amount is unreasonable or of dubious legality.
An additur is an increase in the amount of compensation awarded in a civil suit. Additurs are not permitted in all legal systems and, in those where they are, are issued by the judge, usually with the aim of adding punitive damages to a case. The purpose of an additur is to circumvent the need for an appeal and a retrial if a plaintiff feels that the damages awarded in a lawsuit were not sufficient. The defendant has no say in whether damages are awarded, but may opt instead to proceed to a new trial and hope to get leniency from the jury.
Judges may decide to increase damages by an additur if the jury has awarded an amount that seems unfairly low given the circumstances of the case. This can occur in cases where the defendant’s actions are believed to be particularly bad, or when the judge wants to send a clear message to people that they consider similar actions that they will be heavily penalised. The additur acts as a punishment and a warning.
If a plaintiff indicates intent to pursue a retrial in cases where damages are not deemed fair, the judge may decide to issue an additur to the damages awarded by the jury in order to avoid a retrial. The defendant can consider the options of accepting the higher damages or proceeding to a new trial. Because juries can be tough during retrials, the defendant may choose to take the higher award rather than risk the outcome of another jury decision.
Once the outcome of the case is settled, the defendant is required to pay or arrange to pay, if a single lump sum payment cannot be made to resolve the case. If the defendant fails to respond, the court may be re-convened to compel the defendant to pay, using a variety of means including garnishment of accounts and wages to meet terms issued by the judge and jury.
Conversely, a remittitur involves the reduction of damages awarded by a jury. Judges are allowed to do this when they believe the amount awarded is unreasonable or of dubious legality. Reductions in the amount of damages are generally permitted in most jurisdictions, while additurs tend to be less permitted. In the United States, for example, federal judges cannot issue an additur, but they can issue a remittitur.
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