West Palm Beach car accident Motion for Remittitur or New Trial
In the _________ Court of __________ County, ________
__________________, )
)
West Palm Beach car accident Plaintiff, )
) Case No. ____________
vs. )
)
__________________, )
)
Defendant. )
__________’S MOTION FOR REMITTITUR OR,
IN THE ALTERNATIVE, MOTION FOR NEW TRIAL
COMES NOW, ______________, [Name] defendant, by and through its attorneys of record, and hereby moves this Court for a remittitur of the jury’s excessive award, or in the alternative, requests a new trial pursuant to Rule _______ of _____________ Civil Rules of Procedure.
As grounds for said motion, defendant _______________ [Name] states and informs the Court:
1. Jury trial in this matter began on _____________ [Date]. On _____________ [Date] a jury returned a verdict in favor of West Palm Beach car accident Plaintiff in the amount of $__________ [amount]. Specifically, the jury awarded West Palm Beach car accident Plaintiff $____________ [amount] in past medical expenses, $_____________ [amount] in past loss of earnings, and $_____________ [amount] in non-economic damages.
2. A remittitur of the jury’s award, or in the alternative a new trial, is required given that the jury’s award was excessive, substantially beyond any reasonable amount of compensation, and well beyond damages proven by West Palm Beach car accident Plaintiff. Rule _______ of ___________ Rules of Civil Procedure.
3. The jury in the instant case awarded West Palm Beach car accident Plaintiff $____________ [amount] for past medical expenses and $___________ [amount] for non-economic damages. The disparity between these two numbers is tremendous. The jury’s verdict of non-economic damages is ______ [amount] times the amount of medical expenses it awarded.
4. While no direct correlation may exist between the amount of medical bills and what would be adequate non-economic damages, this relationship should be taken into consideration for purposes of determining whether such an award is excessive. In the present case, West Palm Beach car accident Plaintiff has demonstrated $__________ [amount] of out-of-pocket expenses as a result of her injury and was compensated that amount by the jury. The jury also compensated West Palm Beach car accident Plaintiff $__________ [amount] for lost wages incurred during time off from work.
5. An award of non-economic damages _____ [amount] times this amount of past medical expenses is grossly excessive. This is particularly evident where the award for a wrist injury amounts to more than half of the statutory cap envisioned by the legislature for such injuries as paralysis, loss of vision, and wrongful death. Specifically, West Palm Beach car accident Plaintiff’s wrist injury has not caused her to miss a single day of rather physically demanding work since her return in 20__. Also, in her last visit to Dr. __________ [Name] on _____________ [Date], the doctor noted that West Palm Beach car accident Plaintiff had “dramatically turned the corner” and that motion in her wrist was only “slightly stiffened,” that her wrist rotation was “full and symmetric,” digital motion was full and that there was no intrinsic tightness. In short, the nature of West Palm Beach car accident Plaintiff’s injury is not one where there was the type of pain or disfigurement that would otherwise call for a verdict of such disproportionate non-economic damages.
6. In the alterative, a new trial is warranted for each of the following reasons: [Insert with specific detail each basis for a new trial and why it is warranted]
a. ___________________________________________.
b. ___________________________________________.
c. ___________________________________________.
WHEREFORE, Defendant presents the foregoing Motion for Remittitur or, in the alternative, Motion for New Trial based on all the reasons stated herein and requests that the court grant either a remittitur or new trial.

___________________________
Attorney for Defendant