Judge or Jury – Who has the Final Word in Virginia Injury Trials ?

Until the judge enters the “Final Order,” a personal injury jury trial is not over.  And, Virginia law gives the trial judge the power to enter and Order of Additur or Remittitur.  Even after a jury’s verdict in a car crash, dog bite or slip and fall accident case, the trial judge in the Commonwealth of Virginia can change the amount though what are known as “Additur” and “Remittitur.”  Abrams Landau won a recent car accident jury trial where the insurance defense lawyers are seeking to reduce the jury’s verdict by requesting Remittitur by the Alexandria Circuit Court Judge.  This may seem like a surprising amount of power the judge has—after all, if the judge has the power to change the verdict, why have the jury !  The ability to reduce (Remittitur) or increase (Additur) a jury’s verdict is not be used in every case, and, in some instances, prevents costly and time consuming appeals.  Some things to remember about Additur and Remittitur in Virginia:

• First, the judge can only adjust the dollar amount when it is excessively low or high; the jury in a personal injury trial is expected to give a reasonable amount of recovery and the judge is there to make sure the jury does just that.
• Second, the parties have the right to disagree with (and appeal) the trial judge’s decision to change the amount of the jury’s verdict. This disagreement has two possible consequences: (1) it may require an appeals court to review the decision; or (2) it may require an entirely new trial to be held.
• Third, under Virginia’s rules the defendant can object to an increase in the dollar amount. That objection may result in a new trial where the parties and counsel come back and do the personal injury trial all over again in front of a new jury.

Despite these seemingly complex rules and procedures, it’s important to always keep in mind that both Additur and Remittitur are designed to make sure that the injured plaintiff and the defendant are treated fairly even after the verdict is announced.  But more than that, they are in place to make sure that every case actually comes to a close in a timely manner and with the need of only one trial.  At the Landau Law Shop, we routinely discuss with our clients the time, effort and expenses of post-trial motions, appeals and re-trying the same motor vehicle, truck accident or motorcycle injury cases.  If you or someone you know has become disabled as the result of an injury and needs help with the case, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.