additur
Why would a judge increase the amount a jury awarded? That is what additur is: a court-ordered increase in a jury's damages award when the judge decides the amount was unreasonably low, usually unless the defendant agrees to a new trial instead. It comes up after a verdict, most often in cases involving medical bills, lost income, pain, or other proven harm where the jury's number does not match the evidence.
In practical terms, additur matters when a jury says you were hurt but gives an amount that barely covers anything. If that happens, your lawyer may ask the court to set aside the verdict as inadequate. In New York, the key rule is CPLR 5501(c), which says an award can be changed if it "deviates materially from what would be reasonable compensation." Judges often compare similar cases before deciding whether to raise the amount or order a new trial on damages.
For an injury claim, this can be the difference between a token award and money that actually reflects the injury. That is why records matter: treatment notes, wage proof, photos, and consistent symptoms can support a request for additur after trial. In a New York crash on the Thruway or an on-the-job transit injury case involving the MTA, weak documentation can make it harder to show the jury's award was too low.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
Find out what your case is worth →