Remittitur

Remittitur is a court order that reduces the amount of money a jury awarded, when the judge concludes the verdict was excessive. The plaintiff is typically given a choice: accept the reduced amount or face a new trial on damages. It is the procedural opposite of additur, which increases an award.

Origin

From the Latin remittere, meaning "to send back" or "release." The practice entered American law through English common law and was confirmed for federal courts by the U.S. Supreme Court in Dimick v. Schiedt (1935), which upheld remittitur even while striking down additur.

Significance in Asbestos Context

Asbestos verdicts, especially in mesothelioma cases, can reach into the tens or hundreds of millions of dollars, and defendants almost routinely file post-trial motions asking the judge to slash the award through remittitur. For a patient or surviving family, this means a large jury verdict announced in the courtroom is not necessarily the amount that will actually be paid. If the judge grants remittitur, the plaintiff (or the estate) must decide whether to accept the lower number now or risk a second trial, where a new jury might award less. This decision often depends on the patient's health, the strength of the trial record, and whether punitive damages were involved, since punitive awards are the most common target of remittitur challenges.

Example Sentence

After the jury returned a $25 million verdict against the gasket manufacturer, the defense moved for remittitur, and the judge reduced the non-economic damages portion to $12 million, leaving the family to decide whether to accept or retry the case.

Related Terms

Additur, Punitive Damages, Compensatory Damages, Jury Verdict, Post-Trial Motions, Excessive Damages

Notes

• If your case goes to trial and you win, ask your attorney to explain in advance how likely remittitur is in your jurisdiction and what portions of the award (economic, non-economic, punitive) are most vulnerable.
• Understand the trade-off before trial ends: accepting a remitted amount usually means giving up the right to appeal the reduction, while rejecting it means a new trial, which takes time many mesothelioma patients do not have.
• Keep thorough documentation of medical expenses, lost income, and caregiving costs; well-supported economic damages are harder for a judge to reduce than pain-and-suffering awards.
• State law varies significantly: some states have statutory caps on non-economic or punitive damages that operate alongside remittitur, so ask how both apply to your case.