Additur

In United States law, additur is a legal procedure in which a judge increases the amount of damages awarded by a jury in a civil case, typically after determining that the jury's award was inadequate. This power is generally exercised only when the judge believes that the jury's verdict was clearly insufficient and deviates substantially from the evidence presented at trial. The purpose of additur is to avoid the need for a new trial by giving the defendant the option to consent to a higher damage award that the court deems reasonable. If the defendant does not consent, a new trial limited to the issue of damages is typically ordered.

The use of additur is subject to constitutional scrutiny, particularly under the Seventh Amendment to the U.S. Constitution, which guarantees the right to a jury trial. The constitutionality of additur varies by jurisdiction. Some state courts and the federal courts have deemed it unconstitutional, while others permit its use within certain limitations.

Additur is often contrasted with remittitur, which is a similar procedure where the court reduces the amount of damages awarded by a jury. While remittitur is generally more accepted and widely used than additur, both procedures are designed to ensure that damage awards are fair and consistent with the evidence presented at trial. The availability and specific rules governing additur are determined by state and federal law. Because of the potential infringement on the jury's role in determining damages, its application is generally restricted to instances where the jury's award is demonstrably inadequate and unsupported by the evidence.