South Florida Appeals: What does remittitur do to my West Palm Beach damage judgment?
Have you been slapped with a huge judgment following a West Palm Beach jury trial? Experienced Palm Beach probate firms know the judgment does not end after the jury trial. Do you know how to file a motion forremittitur or additur? These motions may be crucial to saving (or making) you thousands and thousands of dollars.
Using Remittitur & Additur in West Palm Beach
- Judgments in West Palm Beach can be unpredictable and expensive.
- Any experienced Palm Beach probate firm is going have you seriously weight the risks against the reward when it comes to trial.
- That being said sometimes the award is even higher than any reasonable attorney could predict.
- Now what do you do?
- It may be time to file a motion for additur or remittitur in the West Palm Beach Court.
- Do you know what that does?
- Additur asks that a party who is subject to a judgment add money to the amount or risk a new trial.
- Often times the risk and expense of a new trial is enough to push the party to agree.
- A remittitur is the opposite, you are asking a plaintiff who got an excessive fee to return some of the money.
- Again the cost of saying no is a whole new trial.
- Is that a risk you are willing to take?
- Check out this recent case where a $700k award was set aside with the use of remittitur in West Palm Beach!
Olen v. Cancel
- This was a case where one party got $700k from trial.
- Experienced Palm Beach probate litigators know how to tell if a damage award is excessive.
- Guess what happened next?
- The other side appealed to the Fourth District Court of Appeals and requested aremittitur.
- The Appeals Court agreed and granted it.
- Do you think it is fair for the Court to stray from the jury’s verdict?
- Get the facts before you decide.
- If you do not know if an award is excessive, talk to an experienced Palm Beach attorney who knows what is what.
- Also do not forget to ignore your gut, if it says whoa that is too high, listen.
- Because it may be time to file that motion for additur or remittitur!
Want to learn more?
Check out the entire case by clicking here.