Feel like the jury didn’t adequately compensate your client for his injuries or damages? That’s where additur comes into play. The Third DCA’s decision last year in USAA Cas. Ins. Co. v. Deehl, 400 So. 3d 689, 694 (Fla. 3d DCA 2024) is a nice example of how additur works.
The plaintiff was injured while riding his bicycle (in short, a phantom driver’s negligence led another bicyclist to collide with the plaintiff). The injury was a serious and permanent ankle injury. At trial, the plaintiff offered extensive testimony on damages, including from his treating orthopedic surgeon and his physical therapist. In short, the plaintiff had to go through three surgeries on his foot, years of physical therapy, and developed a limp. During closing argument, the plaintiff’s attorney asked for a non-economic damage award “in the range of $2 to 4 million.” The jury awarded damages totaling $500,000 ($125,00 in past non-economic damages, $125,000 in future non-economic damages; and $250,000 in future economic damages).
After the verdict, the plaintiff moved for additur, which the trial court granted. Specifically, the trial court increased the award of non-economic (both past and future) damages by $1.25 million. The defendant, USAA, rejected the additur and, as a result, the trial court ordered a new trial on damages only.
On appeal, the Third DCA affirmed the trial court’s ruling that additur was appropriate. The Third DCA clearly set out the law governing additur. When considering whether to award additur, a court must consider the applicable statutory factors. In the case of a motor vehicle accident, the applicable factors are those set out in Fla. Stat. § 768.043 (which deals specifically with cases arising out of motor vehicle accidents) and Fla. Stat. § 768.74 (which applies to torts generally). These factors include, among others, “[w]hether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered” and “[w]hether it appears that the trier of fact ignored the evidence in reaching a verdict or misconceived the merits of the case relating to the amounts of damages recoverable.”
In upholding the trial court’s award, the Third DCA noted that the trial court’s “well-reasoned” and “detailed” order had appropriately considered and applied the statutory factors.
In short, if a jury award did not adequately compensate your client, consider moving for additur. Make sure your additur motion cites specific trial evidence and clearly walks through each applicable statutory factor. And, critically, make sure it’s filed on time. Under Florida Rule of Civil Procedure 1.540(h), you have to move for additur no later than fifteen days after the jury returns the verdict.