What Are Additur and Remittitur in Georgia?
Short answer: Additur and remittitur let a Georgia trial judge adjust a jury’s damages award that is clearly too low or too high. With remittitur, the plaintiff chooses between a lower amount set by the judge and a new trial on damages. With additur, the defendant chooses between a higher amount and a new trial.
Definition
Both terms come from Latin: “additur” means “it is added,” and “remittitur” means “it is sent back,” or reduced. They let a judge correct an award the evidence cannot support without throwing out the whole verdict.
How it works in Georgia
- The jury decides damages first: A judge should not interfere unless the award is “clearly so inadequate or so excessive as to be inconsistent with the preponderance of the evidence” (O.C.G.A. § 51-12-12(a)).
- The judge’s options: If that standard is met, the judge may order a new trial on damages only, or condition a new trial on a party’s refusal to accept an amount the judge sets (O.C.G.A. § 51-12-12(b)).
- One time only: Only one new trial may be granted under this Code section (O.C.G.A. § 51-12-12(c)).
- How it is raised: Usually through a motion for new trial, which must be filed within 30 days after the judgment is entered, except in extraordinary cases (O.C.G.A. § 5-5-40(a)).
- Caps are different: A statutory cap, such as the limit on some punitive damages (O.C.G.A. § 51-12-5.1), applies by law, not by the judge’s view of the evidence. The 2025 tort reform law (SB 68) separately limits how lawyers may argue a dollar value for pain and suffering (O.C.G.A. § 9-10-184).
Example
A Fulton County jury finds the other driver at fault but awards an injured driver less than her medical bills, which the defense never disputed. Her lawyer moves for a new trial. The judge finds the award clearly inadequate and orders a new trial on damages unless the defendant agrees to a higher amount set by the court.
Why it matters for your claim
- A large verdict can still be reduced if the judge finds the evidence does not support it, so the record built at trial matters.
- A low verdict is not always the final word if it ignores undisputed damages.
Read more: Pain and suffering in Georgia.
Related terms
Frequently Asked Questions
Does the plaintiff have to accept a remittitur?
No. The plaintiff can refuse the reduced amount, and the result is a new trial on damages. Either choice carries risk, so make it with your lawyer.
Can federal courts in Georgia use additur?
No. Under the U.S. Supreme Court’s decision in Dimick v. Schiedt (1935), federal courts may use remittitur but not additur. Georgia state courts can use both under O.C.G.A. § 51-12-12.
Browse the full Georgia personal injury glossary
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This is general information about Georgia law, not legal advice for your situation.
