Have you been sued for tortious interference with an inheritance or breach of trust in West Palm Beach? You may have just been slapped with a huge judgment exceeding six or seven figures. Did you know that you may be able to have the trial court review the damage award and reduce it? Furthermore if you are the one seeking damages the Court may be able to increase the juror award. Check out this recent case out of West Palm Beach to learn what a trial judge can do for you when the judgment is handed down.
Additur and Remititur
- Few people understand that when a jury hands down a verdict that is not the end.
- Experienced Palm Beach probate litigators let their true colors show once the trial is over, using post-trial motions to get you the results you want.
- Have you ever heard of additur or remittitur?
- They could save you hundreds of thousands of dollars in West Palm Beach.
- Basically the judge is holding the threat of a new trial over your head to get you to cough up some money.
- Remittitur is when the judge tells a plaintiff to remit part of their award or risk a new trial.
- Why not just go for the new trial?
- New trials mean uncertainty and no experienced Palm Beach probate litigator wants to risk losing it all on a new jury.
- Additur is similar but the opposite.
- The defendant is told to add some money to the award or risk having a new trial with a new jury.
- Do you think all of this is fair?
- Federal Courts do not allow additur saying that it violates the right to a jury trial.
- Do you agree?
- Check out this case where a plaintiff was forced to give back almost a million dollars in damages!
Arnold v. Sec. Nat. Ins. Co.
- The insurance company here wanted to reduce the award for pain and suffering given to a plaintiff in Palm Beach.
- The trial court agreed and forced the plaintiff to give back almost one million dollars.
- What did the plaintiff do?
- He appealed of course!
- On appeal the Fourth District Court of Appeals noted that there are specific findings a Court must make before it orders additur or remittitur in West Palm Beach.
- If you were forced to give the money back you may have as little as thirty days to appeal.
Want to learn more about getting your money back in West Palm Beach?
Check out the entire case by clicking here.