Damages and Valuation

Damages Doctrines

Additur

Additur

Additur

Additur permits a court to condition denial of a new trial on the defendant accepting an increased award. The Supreme Court held additur unconstitutional in federal court under the Seventh Amendment.

Several states permit it.

Alternative Names:

Additur Practice, Increase of Verdict

Why it Matters?

The federal prohibition creates an asymmetry favoring defendants, since remittitur is available to reduce excessive verdicts while additur cannot increase inadequate ones. A plaintiff dissatisfied with a low federal verdict must seek a new trial rather than an increase. In state courts permitting additur the asymmetry disappears, which is worth knowing when evaluating forum and post-trial options.

Frequently asked questions

Is additur available in federal court?

What does the asymmetry mean?