Florida Statute 768.043 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 768.043

Annotations, Discussions, Cases:

Cases Citing Statute 768.043

Total Results: 64

Adams v. Wright

403 So. 2d 391

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 1251029

Cited 26 times | Published

Circuit Court of Volusia County which held that section 768.043, Florida Statutes (1977)[1]*393 concerning

Smith v. Telophase Nat. Cremation Soc., Inc.

471 So. 2d 163, 10 Fla. L. Weekly 1496

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1397329

Cited 21 times | Published

(or additur) as is provided for in either section 768.043 or section 768.49, Florida Statutes (1980)

Smith v. Telophase Nat. Cremation Soc., Inc.

471 So. 2d 163, 10 Fla. L. Weekly 1496

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1397329

Cited 21 times | Published

(or additur) as is provided for in either section 768.043 or section 768.49, Florida Statutes (1980)

Beauvais v. Edell

760 So. 2d 262, 2000 WL 726363

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 1695284

Cited 16 times | Published

1977, see Ch. 77-468, § 41, Laws of Fla., and § 768.043, our supreme court said in upholding the validity

Truelove v. Blount

954 So. 2d 1284, 2007 WL 1342499

District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 1652054

Cited 12 times | Published

filed a motion for remittitur pursuant to section 768.043, Florida Statutes (2003), asking the trial

ITT Hartford Ins. Co. of the SE v. Owens

816 So. 2d 572, 2002 WL 716263

Supreme Court of Florida | Filed: Apr 25, 2002 | Docket: 1565687

Cited 12 times | Published

the petitioner's motion for new trial under section 768.043, Florida Statutes (1997). The petitioner appealed

Ellender v. Bricker

967 So. 2d 1088, 2007 WL 3355371

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1408398

Cited 10 times | Published

alternative, for new trial on damages pursuant to section 768.043, Florida Statutes (2003). He argued that the

Griefer v. DiPietro

625 So. 2d 1226, 1993 WL 182478

District Court of Appeal of Florida | Filed: Sep 8, 1993 | Docket: 474096

Cited 10 times | Published

are supported by the record. In construing section 768.043, Florida Statutes (1985), a predecessor statute

St. Pierre v. Public Gas Co.

423 So. 2d 949

District Court of Appeal of Florida | Filed: Nov 30, 1982 | Docket: 544596

Cited 10 times | Published

arising out of the operation of motor vehicles. See § 768.043, Fla. Stat. (1977). The statute has been held

Philon v. Reid

602 So. 2d 648, 1992 WL 158117

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1321416

Cited 9 times | Published

order a remittitur pursuant to the mandate of section 768.043(1), Florida Statutes (1989), we reverse and

Waste Management, Inc. v. Mora

940 So. 2d 1105, 31 Fla. L. Weekly Supp. 645, 2006 Fla. LEXIS 3087, 2006 WL 2883208

Supreme Court of Florida | Filed: Oct 12, 2006 | Docket: 1523992

Cited 8 times | Published

suffering. The trial court based the additur on section 768.043(1), Florida Statutes (2004), which provides:

Ortlieb v. Butts

849 So. 2d 1165, 2003 WL 21697219

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 1509326

Cited 8 times | Published

directed verdict on liability. Pursuant to section 768.043(1), Florida Statutes (2001), upon motion for

Airstar, Inc. v. Gubbins

668 So. 2d 311, 1996 WL 71264

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 1290223

Cited 8 times | Published

court awards an additur in accordance with section 768.043, Florida Statutes (1993), the trial court must

Seminole Gulf Ry. v. Fassnacht

635 So. 2d 142, 1994 WL 128019

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 1352981

Cited 8 times | Published

of capacity for the enjoyment of life[.]" [2] § 768.043, Fla. Stat. (1989); § 768.74, Fla. Stat. (1989)

Salkay v. State Farm Mut. Auto. Ins. Co.

398 So. 2d 916

District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 1696481

Cited 8 times | Published

NOTES [1] This cause of action predates Section 768.043, Florida Statutes, (1977).

DeLong v. Wickes Co.

545 So. 2d 362, 1989 WL 55302

District Court of Appeal of Florida | Filed: May 26, 1989 | Docket: 1703025

Cited 7 times | Published

additur for Mr. DeLong in lieu of a new trial. See § 768.043(1), Fla. Stat. (1987); Adams v. Wright, 403 So

Moore v. Perry

944 So. 2d 1115, 2006 WL 3452387

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1157634

Cited 6 times | Published

Perry filed a motion for additur pursuant to section 768.043, Florida Statutes (2005), pointing out that

John Sessa Bulldozing, Inc. v. Papadopoulos

485 So. 2d 1383, 11 Fla. L. Weekly 852

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 1276107

Cited 5 times | Published

and is not applicable to the present case. Section 768.043, Florida Statutes (1983), states: 768.043

Ballard v. American Land Cruisers, Inc.

537 So. 2d 1018, 1988 WL 123808

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 1522663

Cited 4 times | Published

therefore, the judgment under review is reversed. § 768.043(2), Fla. Stat. (1985)[6]; Griffis v. Hill, 230

Progressive Select Insurance Co. v. Lorenzo

49 So. 3d 272, 2010 Fla. App. LEXIS 12718, 2010 WL 3418352

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 2396089

Cited 3 times | Published

884 So.2d 990, 1002 (Fla. 4th DCA 2004)). Section 768.043, Florida Statutes, requires a trial court to

McCown v. Estate of Seidell

831 So. 2d 218, 2002 WL 31322541

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 1388256

Cited 3 times | Published

trial, but a new trial on "damages only." Section 768.043(1), Florida Statutes (2000) provides: "If the

Astigarraga v. Green

712 So. 2d 1183, 1998 WL 314641

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 1472151

Cited 3 times | Published

required to first order a remittitur pursuant to section 768.043, Florida Statutes (1993). See Philon v. Reid

City of Jacksonville v. Baker

456 So. 2d 1274

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 1446918

Cited 3 times | Published

expressly considered each of the criteria set out in § 768.043, Fla. Stat., for determining excessiveness or

ASHLEY N. POGUE v. JENNIFER GARIB

254 So. 3d 503

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975842

Cited 2 times | Published

verdict is supported by the evidence. Section 768.043(1), Florida Statutes (2017), provides that

Rasinski v. McCoy

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

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6136498

Cited 2 times | Published

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

Ortega v. Belony

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

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024834

Cited 2 times | Published

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

Antonio Ferrer v. Ana La Serna

179 So. 3d 523, 2015 Fla. App. LEXIS 17905, 2015 WL 7566488

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3016007

Cited 2 times | Published

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

Montesinos v. Zapata

43 So. 3d 97, 2010 Fla. App. LEXIS 11263, 2010 WL 3023329

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 60295534

Cited 2 times | Published

Eng’rs, 349 So.2d 622, 627 (Fla.1976). See also § 768.043(2)(e), Fla. Stat. (2009) (“In determining whether

Moreno v. Diaz

943 So. 2d 1011, 2006 WL 3615113

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1527390

Cited 2 times | Published

both past and future medical expenses. [4] Section 768.043, Florida Statutes (2001), similarly authorizes

Brant v. Dollar Rent a Car Systems, Inc.

869 So. 2d 767, 2004 WL 784472

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1175358

Cited 2 times | Published

The outcome in this case is controlled by section 768.043(1) and the supreme court decision in ITT Hartford

Jarvis v. Tenet Health Systems Hosp., Inc.

743 So. 2d 1218, 1999 WL 1037925

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1670133

Cited 2 times | Published

of section 768.74, the legislature enacted section 768.043(1), Florida Statutes (1977),[2] It applies

Beyer v. Leonard

711 So. 2d 568, 1997 WL 817819

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1700590

Cited 2 times | Published

and its award of future medical expenses." Section 768.043, Florida Statutes (1993), is the controlling

VETERANS AUTO SALES & LEAS. v. Poole

649 So. 2d 264, 1994 WL 718747

District Court of Appeal of Florida | Filed: Dec 30, 1994 | Docket: 1693895

Cited 2 times | Published

discretionary authority to triple the jury's award. Section 768.043, enacted in 1977, provides for remittitur and

Salazar v. Santos (Harry) & Co., Inc.

537 So. 2d 1048, 1989 WL 2022

District Court of Appeal of Florida | Filed: Jan 17, 1989 | Docket: 1522623

Cited 2 times | Published

verdict was excessive, the judge went on to cite section 768.043(2)(e), Florida Statutes (1987), regarding remittitur

Vickers v. Thomas

237 So. 3d 412

District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6252168

Cited 1 times | Published

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

Festival Fun Parks, LLC v. Bellamy

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

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235167

Cited 1 times | Published

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

Pugliese v. Terek

117 So. 3d 1230, 2013 WL 3455605, 2013 Fla. App. LEXIS 10979

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60232591

Cited 1 times | Published

unsupported by any fact or law as required by section 768.043(2)(a)-(e), Florida Statutes (2013), or even

Pruitt v. Perez-Gervert

41 So. 3d 286, 2010 Fla. App. LEXIS 9125, 2010 WL 2507316

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 2397647

Cited 1 times | Published

jury's award." Truelove, 954 So.2d at 1287. See § 768.043(1), Fla. Stat. (2005). "A court cannot allow a

Manheim Auctions Government Services, Inc. v. Mejia

930 So. 2d 657, 2006 Fla. App. LEXIS 2299, 2006 WL 399525

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64845184

Cited 1 times | Published

plaintiffs’ non-economic damages pursuant to section 768.043, Florida Statutes (2003). We thus affirm the

ITT HARTFORD INS. COMPANY OF THE SOUTHEAST v. Owens

760 So. 2d 210, 2000 Fla. App. LEXIS 4553, 2000 WL 390393

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 1324787

Cited 1 times | Published

reject the additur and be given a new trial. See § 768.043, Fla. Stat. (1997). Because under the unusual

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

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266238

Published

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

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

District Court of Appeal of Florida | Filed: Feb 2, 2024 | Docket: 68218537

Published

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

CLEMENTE ARIAS v. MARY ANNA PORTER

District Court of Appeal of Florida | Filed: May 29, 2019 | Docket: 15688821

Published

Mr. Arias filed a motion for additur under section 768.043, Florida Statutes (2016), arguing that the

Torres v. First Transit, Inc.

367 F. Supp. 3d 1373

District Court, S.D. Florida | Filed: Feb 13, 2019 | Docket: 64323386

Published

(internal quotation omitted). Florida Statutes Section 768.043 (2018), which governs remittitur in cases arising

Nieves v. State Farm

248 So. 3d 240

District Court of Appeal of Florida | Filed: May 21, 2018 | Docket: 7000932

Published

Farm rejected the remittitur and, pursuant to section 768.043, Florida Statutes, the trial court ordered

JAGDEO SUKRAJ v. CHEAR PHOEUNG

241 So. 3d 911

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304685

Published

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

Hitchcock v. Mahaffey

243 So. 3d 459

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300774

Published

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

Gustavsson v. Holder

236 So. 3d 476

District Court of Appeal of Florida | Filed: Jan 1, 2018 | Docket: 6259629

Published

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

State Farm Mutual Automobile Insurance Company v. Brewer

191 So. 3d 508, 2016 WL 2290150

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3060709

Published

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

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

191 So. 3d 380, 2016 WL 1592735

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 3056548

Published

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

Donald Emmons v. Thomas Wayne Akers II and Cassandra Akers

187 So. 3d 900

District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046126

Published

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

Witherell v. Larimer

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

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 60244993

Published

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

R.J. Reynolds Tobacco Co. v. Webb

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

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60237700

Published

the court considered identical language in section 768.043, Florida Statutes,2 providing for remittitur

Geico Indemnity Co. v. DeGrandchamp

102 So. 3d 685, 2012 Fla. App. LEXIS 20423, 2012 WL 5935649

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60226749

Published

jury’s award.” Truelove, 954 So.2d at 1287. See § 768.043(1), Fla. Stat. (2006). Because the award here

Olivas v. Peterson

969 So. 2d 1138, 2007 Fla. App. LEXIS 18132, 2007 WL 3355434

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853308

Published

Olivas appeal the amended final judgment. Section 768.043(1), Florida Statutes, provides, in pertinent

Mora v. Waste Management, Inc.

911 So. 2d 1251, 2005 Fla. App. LEXIS 15379, 2005 WL 2373860

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 64840550

Published

cases involving motor vehicles are governed by section 768.043, Florida Statutes (2004): In any action for

Alaqua Lakes Realty, Inc. v. Burch

790 So. 2d 604, 2001 Fla. App. LEXIS 10965, 2001 WL 874222

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 64807133

Published

2d 210, 212 (Fla. 3d DCA 2000) (intent of section 768.043 is that where the problem leading to the excessiveness

Aircraft Service International, Inc. v. Jackson

768 So. 2d 1094, 1995 Fla. App. LEXIS 12568, 1995 WL 712586

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 64800848

Published

adduced in a logical manner by reasonable persons. § 768.043(2), Fla.Stat. (1993). In reviewing the trial judge’s

Salazar v. Santos (Harry) & Co.

614 So. 2d 1125, 1993 Fla. App. LEXIS 73, 1993 WL 5675

District Court of Appeal of Florida | Filed: Jan 12, 1993 | Docket: 64694719

Published

verdict was excessive, the judge went on to cite section 768.043(2)(e), Florida Statutes (1987), regarding remittitur

Schulz v. Remy

573 So. 2d 1076, 1991 Fla. App. LEXIS 1011, 1991 WL 15487

District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 64656119

Published

should have ordered a remittitur pursuant to section 768.043, Florida Statutes (1989). The cross appellants

Department of Transportation v. Brooks

517 So. 2d 82, 12 Fla. L. Weekly 2881, 1987 Fla. App. LEXIS 11715, 1987 WL 3207

District Court of Appeal of Florida | Filed: Dec 17, 1987 | Docket: 64631634

Published

necessitated by the accident totalled over $1,200. Section 768.043, Fla.Stat., relating to re-mittitur and additur

Vega v. Stabinski & Funt, P.A.

510 So. 2d 346, 12 Fla. L. Weekly 1767, 1987 Fla. App. LEXIS 9417

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 64628566

Published

that Vega received from the Hervas case. . § 768.043, Fla.Stat. (1985) ("Remittitur and additur actions

Davis v. O'Dell

506 So. 2d 1107, 12 Fla. L. Weekly 1175, 1987 Fla. App. LEXIS 8072

District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 64627001

Published

trial the trial court expressly relied upon section 768.043, Florida Statutes (1985), citing various aspects

Connell ex rel. Connell v. DuBose

403 So. 2d 436, 1981 Fla. App. LEXIS 19927

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64584977

Published

accident occurred prior to July 1, 1977, so that section 768.043, Florida Statutes (1979), is not applicable