The term “remittitur damna” is a Latin term used in historical contexts to refer to a scenario in which a plaintiff indicates their willingness to accept only a portion of the awarded damages. This declaration is then recorded as an entry in the official record and is also referred to as “remittitur damnum.”
Remittitur damna is a term from Latin legal history that refers to a plaintiff’s declaration on the record that they are remitting part of the damages awarded to them. For example, if a plaintiff is awarded $10,000 but feels it is too high, they may choose to remit $2,000, leaving them with $8,000 in damages. This allows the plaintiff to reduce the amount of damages awarded without going through the appeals process, potentially saving time and money for both parties involved in the case.
Remittitur damna refers to a legal term used in civil cases where a judge reduces the amount of damages awarded by a jury.
A judge can use remittitur damna when they believe that the jury’s award of damages is excessive or unreasonable.
A judge considers various factors such as the evidence presented, the extent of the injury or harm suffered, comparable cases, and the overall fairness of the jury’s award.
No, remittitur damna only allows a judge to reduce damages awarded by a jury. If a judge believes the damages are insufficient, they may order a new trial or suggest an additur, which is the opposite of remittitur.
Yes, a party has the right to reject the judge’s decision and request a new trial if they believe the damages awarded by the jury were fair and reasonable.
If a party rejects the judge’s decision, the case may proceed to a new trial where a different jury will determine the appropriate amount of damages.
No, remittitur damna is only applicable in civil cases where monetary damages are awarded. It does not apply to criminal cases.
Remittitur damna is not used in all jurisdictions. Its availability and application may vary depending on the laws and rules of each jurisdiction.
Yes, a judge has the authority to use remittitur damna without the consent of the parties involved if they believe the damages awarded by the jury are excessive.
Yes, a party can appeal the judge’s decision to use remittitur damna if they believe it was applied incorrectly or unfairly. The appellate court will review the case and determine if the judge’s decision was appropriate.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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