Florida Statute 768.043 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.043

768.043 Remittitur and additur actions arising out of operation of motor vehicles.—

(1) In any action for the recovery of damages based on personal injury or wrongful death arising out of the operation of a motor vehicle, whether in tort or in contract, wherein the trier of fact determines that liability exists on the part of the defendant and a verdict is rendered which awards money damages to the plaintiff, it shall be the responsibility of the court, upon proper motion, to review the amount of such award to determine if such amount is clearly excessive or inadequate in light of the facts and circumstances which were presented to the trier of fact. If the court finds that the amount awarded is clearly excessive or inadequate, it shall order a remittitur or additur, as the case may be. If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.

(2) In determining whether an award is clearly excessive or inadequate in light of the facts and circumstances presented to the trier of fact and in determining the amount, if any, that such award exceeds a reasonable range of damages or is inadequate, the court shall consider the following criteria:

(a) Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact.

(b) Whether it clearly appears that the trier of fact ignored the evidence in reaching the verdict or misconceived the merits of the case relating to the amounts of damages recoverable.

(c) Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation or conjecture.

(d) Whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered.

(e) Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.

(3) It is the intent of the Legislature to vest the trial courts of this state with the discretionary authority to review the amounts of damages awarded by a trier of fact, in light of a standard of excessiveness or inadequacy. The Legislature recognizes that the reasonable actions of a jury are a fundamental precept of American jurisprudence and that such actions should be disturbed or modified only with caution and discretion. However, it is further recognized that a review by the courts in accordance with the standards set forth in this section provides an additional element of soundness and logic to our judicial system and is in the best interests of the citizens of Florida.

History.—s. 41, ch. 77-468; s. 283, ch. 79-400.

F.S. 768.043 on Google Scholar

F.S. 768.043 on Casetext

Amendments to 768.043

Arrestable Offenses / Crimes under Fla. Stat. 768.043

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.043.

Annotations, Discussions, Cases:

Cases Citing Statute 768.043

Total Results: 20

Onas E. Aliff, as Personal Representative of the Estate of Timothy Aliff v. Steven Weiss, M.D., P.A.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: we apply the de novo standard. Id. Section 768.043, Florida Statutes (2023), authorizes a trial court

USAA Casualty Insurance Company v. David L. Deehl

Court: District Court of Appeal of Florida | Date Filed: 2024-09-30

Snippet: increasing the award of damages through additur. §§ 768.043(2), 768.74(5), Fla. Stats.; see also Fla. R. Civ

CAMERON ANDREW GARROW AND KENNETH JOSEPH GARROW v. ANN MARIE ANTONIETTA AND JAMES ANTONIETTA

Court: District Court of Appeal of Florida | Date Filed: 2024-02-02

Snippet: an additur ordered by the court under section 768.043, Florida Statutes (2022). The new trial was limited

CLEMENTE ARIAS v. MARY ANNA PORTER

Court: District Court of Appeal of Florida | Date Filed: 2019-05-29

Snippet: Arias filed a motion for additur under section 768.043, Florida Statutes (2016), arguing that the jury's

ASHLEY N. POGUE v. JENNIFER GARIB

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Citation: 254 So. 3d 503

Snippet: verdict is supported by the evidence. Section 768.043(1), Florida Statutes (2017), provides that “a trial

DANIEL THOMAS WEAVER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-06-21

Snippet: Michael Mirman, Judge; L.T. Case No. 43-2017- CF-000768, 43-2017-CF-000770 and 43-2017-CF-000822. Carey

Nieves v. State Farm

Court: District Court of Appeal of Florida | Date Filed: 2018-05-21

Citation: 248 So. 3d 240

Snippet: rejected the remittitur and, pursuant to section 768.043, Florida Statutes, the trial court ordered a new

JAGDEO SUKRAJ v. CHEAR PHOEUNG

Court: District Court of Appeal of Florida | Date Filed: 2018-02-14

Citation: 241 So. 3d 911

Snippet: 2d 708, 710 (Fla. 3d DCA 1999))); see also § 768.043(2), Fla. Stat. (2016). However,

Hitchcock v. Mahaffey

Court: District Court of Appeal of Florida | Date Filed: 2018-01-29

Citation: 243 So. 3d 459

Snippet: court to either enter a remittitur under section 768.043, Florida Statutes (2013), 1 The

Gustavsson v. Holder

Court: District Court of Appeal of Florida | Date Filed: 2018-01-01

Citation: 236 So. 3d 476

Snippet: awarded in a motor vehicle accident case, section 768.043, Florida Statutes (2015), provides that courts

Vickers v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2017-12-18

Citation: 237 So. 3d 412

Snippet: court either to enter a remittitur under section 768.043(2), Florida Statutes, or to grant a new trial solely

Rasinski v. McCoy

Court: District Court of Appeal of Florida | Date Filed: 2017-08-04

Citation: 227 So. 3d 201, 2017 Fla. App. LEXIS 11273, 2017 WL 3318712

Snippet: applicable law on remittitur is found in section 768.043(1), Florida Statutes (2013), which provides:

State Farm Mutual Automobile Insurance Company v. Brewer

Court: District Court of Appeal of Florida | Date Filed: 2016-05-04

Citation: 191 So. 3d 508, 2016 WL 2290150

Snippet: 471 So.2d at 170; see also § 768.043(1), Fla. Stat. (2008). Affirmed in part, reversed

In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 15-02

Court: Supreme Court of Florida | Date Filed: 2016-04-21

Citation: 191 So. 3d 380, 2016 WL 1592735

Snippet: the-definition ofi-reckless disregard” in F'.S. -768.43(2)(⅛)3, the-cemmittee-bas concluded- that the intent-was-to

Donald Emmons v. Thomas Wayne Akers II and Cassandra Akers

Court: District Court of Appeal of Florida | Date Filed: 2016-03-20

Citation: 187 So. 3d 900

Snippet: rejected the additur, and appeals. Section 768.043, Florida Statutes (2014), requires a trial court

Ortega v. Belony

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

Citation: 185 So. 3d 538, 2015 Fla. App. LEXIS 19455, 2015 WL 9914181

Snippet: Belony moved for additur pursuant to section 768.043 of the 'Florida Statutes. At the hearing on

Antonio Ferrer v. Ana La Serna

Court: District Court of Appeal of Florida | Date Filed: 2015-11-25

Citation: 179 So. 3d 523, 2015 Fla. App. LEXIS 17905

Snippet: (Fla. 4th DCA 1998). Pursuant to section 768.043, Florida Statutes, a trial court may grant additur

Witherell v. Larimer

Court: District Court of Appeal of Florida | Date Filed: 2014-12-12

Citation: 152 So. 3d 810, 2014 Fla. App. LEXIS 20153, 2014 WL 6990576

Snippet: past noneconomic damages inadequate under section 768.043, Florida Statutes, because of the $88,749.84 award

R.J. Reynolds Tobacco Co. v. Webb

Court: District Court of Appeal of Florida | Date Filed: 2013-12-17

Citation: 130 So. 3d 262, 2013 WL 6635745, 2013 Fla. App. LEXIS 19913

Snippet: court considered identical language in section 768.043, Florida Statutes,2 providing for remittitur or

Festival Fun Parks, LLC v. Bellamy

Court: District Court of Appeal of Florida | Date Filed: 2013-10-23

Citation: 123 So. 3d 684, 2013 WL 5729814, 2013 Fla. App. LEXIS 16771

Snippet: 849 So.2d 7, 9 (Fla. 1st DCA 2003)). Section 768.043(2), Florida Statutes (2011), requires a trial court