Legal Definitions - remittit damna

Remittit damna is a legal term referring to a formal declaration made by a plaintiff (the party who brought the lawsuit) to voluntarily reduce the amount of monetary compensation, or "damages," that a court or jury has awarded them. This action is typically recorded in the court's official records.

This often occurs when a judge believes that the amount of damages awarded by a jury is excessive or not supported by the evidence presented during the trial. In such cases, the judge might offer the plaintiff a choice: either accept a reduced amount of damages (performing a "remittit damna") or face a new trial on the issue of damages. Plaintiffs often choose to reduce the award to avoid the time, expense, and uncertainty of a new trial, ensuring they receive at least a portion of their judgment without further delay.

Here are a few examples to illustrate this concept:

• Personal Injury Lawsuit: Imagine a jury awards a plaintiff $7 million in a severe car accident case, believing the plaintiff suffered immense pain and suffering. However, the trial judge reviews the evidence and concludes that, while the plaintiff was indeed injured, $7 million is disproportionately high compared to similar cases and the specific injuries proven. The judge then informs the plaintiff that they must either accept a reduced award of $4 million or a new trial will be ordered solely on the issue of damages. To avoid the risk and cost of a second trial, the plaintiff's attorney formally files a document with the court agreeing to the $4 million award. This act of reducing the awarded damages is an example of remittit damna.

• Breach of Contract Dispute: A small business sues a larger corporation for breach of contract and is awarded $2 million by a jury for lost profits. The corporation appeals the decision, arguing that the $2 million figure is speculative and not adequately proven. The appellate court agrees that the damages might be excessive and sends the case back to the trial court with instructions to reconsider the damages. To avoid further lengthy and costly appeals, the small business's legal team decides to proactively offer to reduce the award to $1.5 million, believing this amount is more defensible and will expedite the final payment. By formally notifying the court of this reduction, they are performing a remittit damna.

• Defamation Case: A public figure successfully sues a media outlet for defamation and is awarded $10 million in punitive damages (damages meant to punish the wrongdoer). While the public figure is pleased with the verdict, their legal counsel advises that such a large punitive award might be vulnerable to appeal, as appellate courts often scrutinize very high punitive damages. To strengthen the judgment against appeal and ensure a quicker resolution, the public figure, on their attorney's advice, voluntarily files a motion with the court to reduce the punitive damages to $6 million. This strategic reduction of the awarded amount on the court record constitutes a remittit damna.