You've just lost a personal injury lawsuit in which you were the defendant. To your shock, the jury awarded the plaintiff more money than your homeowner's insurance will cover. It's also more money than you think was fair, given the circumstances of the case. One of your options, at this point, is to file a motion for remittitur.
What is a motion for remittitur?
A motion for remittitur is a post-trial action, requesting relief from the amount of damages awarded in a verdict. It's especially useful when the trial court awards punitive damages in excess of three times the amount of actual damages done as a punitive measure. Actual damages are verifiable sums of money that a person has lost due to his or her injury, as well as a reasonable amount of money for his or her pain and suffering.
For example, if your neighbor slips on your broken sidewalk and breaks his arm, his actual damages include things like missed time from work, x-rays, doctor bills, the cost of the cast, and anything else reasonably related to the accident. Imagine that the total actual damages are around $5,000. The court awards him $15,000 to repay him for his actual damages ($5,000 for his bills and an extra $10,000 to cover his attorney fees and pain and suffering). However, if the court also comes back with another $100,000 worth of punitive damages because it feels that you should be punished for letting your walkway fall into repair, that's the perfect time to ask for remittitur.
Asking for remittitur doesn't ask the court to re-decide the case in your favor. It asks the court to reconsider the reasonableness of the damages awarded. It's a legal way of saying that the award is simply outrageous, all things considered.
What happens after the motion is filed?
If the court of appeals agrees that the damages awarded are excessive, it will send the case back to the trial court. Only the part of the trial concerning the amount of damages is reheard. You aren't disputing the fact that the plaintiff is entitled to something - only how much.
This gives the plaintiff the option of either going through that part of the trial process again, accepting a judge's decision for a reduced sum, or accepting an out-of-court settlement for a lower amount.
Are motions for remittitur ever successful?
Motions for remittitur are often successful. You probably hear about them more often than you realize because the term "remittitur" is seldom used when cases are reported on the news. Instead, you'll hear that a jury awarded a seemingly incredible sum of money for what seems like a relatively small complaint. Then you'll hear that the amount of the award was reduced upon appeal.
One famous example of a successful motion involved hot coffee served by a McDonald's restaurant. The plaintiff was severely burned and received a final sum of $160,000 in compensation for her actual damages. However, to punish the company for repeated failure to adjust the temperature of its coffee, despite earlier incidents, the jury awarded the plaintiff an additional 2.7 million in punitive damages. After a motion for remittitur, the punitive damages were reduced to $480,000, or 3 times the amount of actual damages.
A motion for remittitur may or may not be appropriate for your case. However, discuss the possibility and any alternatives with your personal injury attorney before you accept the trial court's verdict as final.
