What is a remittitur?

A remittitur is a legal term used in Maryland civil procedure. It refers to a court order reducing an award of damages. This often occurs when the award is deemed to be excessive by the court. For example, a jury might have awarded a plaintiff a large sum of money as a result of a personal injury lawsuit. The defendant could request a remittitur, which would reduce the damages to a more reasonable amount as determined by the court. A remittitur usually involves a trade off between the plaintiff and the defendant. The plaintiff agrees to accept a lower amount of damages in exchange for the defendant foregoig the right to appeal the case. It is up to the judge to determine how much the award should be reduced. Although a remittitur is usually utilized to keep a plaintiff from receiving more than the court determines to be fair, it can also be used to keep the defendant from having to pay too much. In some cases, it may be beneficial for both parties to accept the remittitur, as the defendant could avoid a costly appeal while the plaintiff will receive the damages more quickly as this process is typically more rapid than an appeal.

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