Disappointed with the Palm Beach jury verdict from a probate lawsuit? Did you know that an experienced Palm Beach probate litigator may be able to get the judge to increase or decrease the award? It may be time to file a motion for additur or remittitur. Check out these recent case out of Palm Beach to learn more.
Remittitur
- Have you ever heard of remittitur?
- This is a doctrine that exists in the West Palm Beach courts that can help a defendant after an unfavorable jury verdict.
- The judge essentially tells the plaintiff to remit part of the payment.
- How is that fair?
- The request is conditional.
- The plaintiff can either remit some of his award back to the defendant or he can risk it all and have a new trial.
- Also a new trial is expensive after all he has to pay his probate attorney and all those expert witnesses.
Additur
- Additur is similar just the opposite.
- The defendant is asked to remit more money or risk a new judgment.
- This is especially effective for defendants given that a defendant almost always has to pay their probate attorney hourly.
- There is no contingency deals on defense for the most part.
- Check out this recent case about additur in West Palm Beach.
Ferrer v. Serna
- This was an appeal from an additur award in West Palm Beach.
- The plaintiff got an award that was three grand shy of what she claimed to need for future medical expenses.
- The defendant appealed an award of additur due to the court’s failure to specify the grounds for the order.
- Is your case eligible for remittitur or additur?
- Talk to an experienced litigation attorney to learn whether or not it is time to motion the Court.
- Time is of the essence when it comes to post trial motions so make sure to act quickly.
Want to learn more?
Check out the entire case by clicking here.
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