Legal Definitions - increscitur

Increscitur is a legal term that refers to a judge's power to increase the amount of monetary compensation (known as damages) awarded by a jury in a civil lawsuit.

This judicial action typically occurs when the judge determines that the jury's award was unreasonably low or clearly inadequate given the evidence presented during the trial. Instead of ordering a completely new trial, the judge may offer the party who won the case (the plaintiff) the option to accept a higher, judicially determined amount of damages. If the plaintiff agrees, the judgment is modified to reflect this increased sum. If the plaintiff declines the increased amount, the judge will usually order a new trial to reassess the damages.

• Example 1: Personal Injury Lawsuit

  A pedestrian was severely injured after being hit by a negligent driver. During the trial, the jury awarded the pedestrian $10,000 for medical expenses, lost wages, and pain and suffering. However, the evidence clearly showed that the pedestrian's medical bills alone exceeded $50,000, and they had been out of work for six months, incurring significant lost income. The judge, recognizing the jury's award was grossly inadequate, might invoke increscitur. The judge could then offer the pedestrian an increased award, perhaps $150,000, as an alternative to ordering a new trial on damages. If the pedestrian accepts, the judgment is increased to that amount.

• Example 2: Breach of Contract Case

  A small business sued a supplier for breaching a crucial contract, which resulted in the business losing a major client and suffering substantial financial setbacks. The jury found in favor of the small business but awarded only $5,000 in damages, despite detailed financial projections and expert testimony demonstrating losses exceeding $200,000. The judge, finding the jury's award to be inconsistent with the proven damages, could apply increscitur. The judge might propose an increased award of $180,000 to the small business. If the business agrees, the judgment is adjusted accordingly, avoiding the need for a costly and time-consuming new trial.

• Example 3: Property Damage Claim

  A homeowner sued a construction company for shoddy workmanship that led to significant structural damage to their house. The jury found the construction company liable but awarded only $2,000 for repairs, even though multiple contractor estimates submitted as evidence showed the necessary repairs would cost upwards of $30,000. The judge, seeing the clear disparity between the evidence and the jury's award, could use increscitur. The judge might offer the homeowner an increased award of $28,000. This action ensures the homeowner receives more appropriate compensation without the burden of a second trial, provided they accept the increased amount.