Additur

Additur is a post-verdict remedy in civil procedure by which a court increases the amount of damages awarded by a jury. In jurisdictions that recognize it, the court may propose a higher award on the ground that the jury’s verdict is inadequate, but the increase is generally not imposed without the defendant’s consent or without offering the plaintiff the option of accepting the higher amount or going to a new trial.

Additur is distinguished from remittitur, which reduces an excessive verdict. The two doctrines reflect different directions of jury adjustment: remittitur corrects a verdict deemed too high, while additur concerns a verdict deemed too low. The use of additur has been controversial because it concerns the role of the jury and concerns about due process and the integrity of the jury system.

In the United States, the Seventh Amendment’s protection of the right to a jury trial has led federal courts to prohibit additur in most circumstances, while allowing remittitur as a mechanism to trim excessive awards—typically with the plaintiff choosing between accepting a reduced amount or retrying the case. State approaches vary: some jurisdictions historically permitted additur under certain conditions, while others restrict or prohibit it, or limit its availability to specific contexts. Today, additur is rarely used in practice, and remittitur remains the more common post-verdict remedy for adjusting jury awards. See also remittitur and jury trial rights.