Legal Definitions - additional insurance

Additur refers to a legal procedure where a trial court judge increases the amount of monetary damages awarded by a jury. This typically occurs when the judge believes the jury's award is unreasonably low or inadequate to fairly compensate the injured party, and the defendant agrees to the increase. The primary goal of an additur is to avoid the need for a costly and time-consuming new trial solely to reassess damages.

Here are some examples illustrating how additur might apply:

• Imagine a plaintiff who suffered severe injuries in a car accident, incurring substantial medical bills and requiring ongoing physical therapy. The jury, perhaps misinterpreting some evidence, awards a relatively small sum that barely covers initial medical expenses and ignores future care. The judge, recognizing the inadequacy of the award given the documented long-term needs, suggests an additur. The defendant, facing the prospect of a costly new trial where a different jury might award an even higher amount, agrees to the judge's proposed increase in damages. This allows the case to conclude without a full retrial.

• In a lawsuit concerning a faulty construction project, a homeowner sues a contractor for damages. The jury awards a sum that covers only a fraction of the documented repair costs and the loss of use of the property. The judge reviews the evidence and determines that the jury's award is clearly insufficient to make the homeowner whole. To avoid ordering an entirely new trial, which would be expensive for both parties, the judge proposes an additur, suggesting a higher, more reasonable damage amount. The contractor, after consulting with their legal team, consents to the increased award, preferring to settle the matter rather than endure another lengthy court proceeding.

• A small business sues a supplier for breach of contract, claiming significant lost profits due to the supplier's failure to deliver essential components on time. The jury awards a nominal amount, far less than the proven financial losses documented by the business. The trial judge, believing the jury's award is inconsistent with the evidence of lost revenue, offers the defendant the option of an additur – increasing the damages to a more appropriate level – or facing a new trial on the issue of damages. The defendant's legal team, weighing the costs and risks of a retrial, advises accepting the judge's proposed increase to finalize the case.