Additur

AHD-dee-tour - "It is increased"

This Latin term refers to the power of the court to increase the amount of monetary compensation awarded by a jury to a plaintiff in a civil case involving injury or wrongful death. If the court decides that the amount awarded by a jury is insufficient, it may decide to increase that award. Generally, this is done on the condition that the defendant (the party who is liable) agrees to the additur, in which case any motion on the part of the plaintiff (the party bringing the complaint) for a new trial will be denied. The plaintiff may appeal this denial; likewise, if the defendant does not accept the additur, the court may grant the plaintiff's motion for a new trial, which the defendant may appeal as well.

The following case illustrates this principle. Engineer John Doe had performed tasks in an environment in which asbestos was known to exist, but had not been informed by his/her employer, nor had been furnished proper protection. Mr. Doe later developed mesothelioma and required medical treatments, the initial bill for which came to $150,000. He sued his employer in civil court, where the jury found in his favor, awarding him the amount of his medical bills. The judge however believed this amount was insufficient to cover ongoing expenses, pain and suffering and lost income. He therefore increased the amount to $1 million on top of the original award. Rather than spend time and additional money on legal fees and worried that a new jury might award a higher amount, the company agreed to the additur. Had they not agreed to the judge's additur, she most certainly would have granted the plaintiff a new trial.

On the other hand, if it could have been shown that Mr. Doe had deliberately gone into the situation without protection having full awareness of the risks, the plaintiff's negligence would have been taken into consideration, and the award might have been reduced.

Additur is not allowed in federal courts, nor in all fifty states.

 

 

 

 

 

 
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