Winning a favorable verdict in a Florida auto accident lawsuit isn’t necessarily the last word in the matter. This can be good or bad, depending on which side of the courtroom you’re sitting. A series of post-trial motions can alter the verdict, resulting in less compensation, more compensation or a new trial altogether.
When a defendant asks that the amount of damages be lowered, this is known as a remittitur. When a plaintiff asks for higher damages, this is known as an additur. Trial court judges usually will not disturb a verdict unless there is credible evidence that the jury’s award is grossly excessive or that there has been some gross error in awarding damages. Trial courts have a lot of discretion when it comes to these matters, but of course, it’s not without limit.
In the recent case of GEICO v. Isaacs, Florida’s Fourth District Court of Appeal reversed the trial court’s ruling not to disturb the jury’s damage award, finding a remittitur request from the defendant should have been granted. Continue reading →