remittitur
You might see this in a court order or hear it from a lawyer as, "The judge denied a new trial on the condition of remittitur," or "The plaintiff can accept remittitur or try damages again." That usually means the court believes a jury awarded more money than the evidence reasonably supports and is requiring a reduction in the verdict. Instead of throwing out the whole result, the judge gives the winning party a choice: accept the lower amount or face a new trial, often limited to damages.
In practical terms, remittitur is a check on unusually high verdicts. Judges use it when they conclude the award goes beyond what the testimony, medical records, wage loss proof, or other evidence can fairly justify. It is different from additur, which increases a verdict, and it often comes up after a motion for new trial or another post-trial challenge.
For an injury claim, remittitur can change the value of a case after a jury win. A person hurt in a crash, on a job site, or during a long recovery may hear a large verdict announced, then later learn the court reduced it. In Massachusetts, remittitur is generally handled through post-trial practice under Mass. R. Civ. P. 59, with the court offering the reduced award as an alternative to a new trial. That can affect settlement talks, appeals, and how long the case continues.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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