Additur and Remittitur relate to what concept?

• A. Additur decreases damages; Remittitur increases damages
• B. Remittitur and Additur are unrelated to monetary awards
• C. Additur increases damages; Remittitur offers plaintiff the option to take less money or face a new trial
• D. Additur and Remittitur require a new trial automatically

Answer: (C)

These are post-trial adjustments to a jury’s damages award. After a verdict on monetary damages, the court can address whether the amount is excessive or inadequate.

Remittitur is the process of reducing an excessive damages award. The plaintiff is given a choice: accept the reduced sum or demand a new trial (often limited to damages). If the plaintiff accepts, judgment is entered for the smaller amount; if not, a new trial may be ordered.

Additur is the opposite idea—an increase in damages—but it is much more limited in practice. In jurisdictions that permit it, the court can offer to raise the award, but the plaintiff must consent to the higher amount; otherwise a new trial may be ordered. In federal courts, additur is generally not allowed, reflecting the Seventh Amendment concern about altering a jury verdict without its consent.

So the concept centers on adjusting a jury’s damages verdict after trial, with remittitur reducing and additur increasing the award (where allowed).