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this post was submitted on 12 Dec 2023
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Yes, the terms are additur (adding money to the jury's award) and remittitur (taking money away from from the jury's award. It happens when the jury's award is obviously too much or not enough.
Additur is very rare. Basically requires an inconsistent verdict or a clearly wrong application of the facts by the jury, such as if the jury found the defendant solely liable for destroying the plaintiff's car and the value of the car was never disputed and accepted by everyone to be $10,000, but the jury only awards $5,000 in compensation. One reason it's so rare is because if the value of a thing is not really in dispute, usually the parties will stipulate to its value.
Remittitur is much more common. Most state courts hold that the damages awarded must have some basis in the evidence, and the figure cannot simply be pulled from thin air. Even with punitive damages, a smart plaintiff puts in some evidence of the defendant's total worth or profits.
Thank you, that was exactly the answer I was looking for.