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Personal Injury Interest Awards

Personal Injury Interest Awards

Brien Roche

In a personal injury action, pre-judgment interest may be awarded. It is up to the judge or the jury to make that decision. 

Sometimes defense lawyers will argue that pre-judgment interest is not allowed. They may cite the case of Sumner Partners, LLC v. Venture Investments, LLC, 2022 W.L. 624845. In that unreported case, the court cited Va. Code § 8.01-382. Sumner was a contract case. The court noted that in general when you’re dealing with unliquidated claims, pre-judgment interest is disfavored. 

However Va. Code § 8.01-382 does say that in actions at law, the court may award interest on any principal sum awarded and fix the period at which the interest shall commence. 

Personal Injury Interest Awards – Discretionary

As such an award of pre-judgment interest is discretionary. If there is a jury that is being asked to decide the issue, it is the jury that decides that question of pre-judgment interest. Plus they decide the date from which it begins to run. 

Post-judgment interest is set by Va. Code § 6.2-302.

Pre-judgment interest can be a powerful weapon. If your verdict is a large one, then pre-judgment interest of 6% for two years is a big number.

The argument to the jury as to why pre-judgment interest should be awarded is that the plaintiff was injured on the date of the incident. The money was owed at that point, if in fact the defendant was liable. The plaintiff should have the use of the money since the date of the injury.  Therefore it is only fair that the plaintiff should be awarded that pre-judgment interest.

Personal Injury Interest Awards-Prayer for Damages

There can arise the question of whether or not you need to expressly ask for pre-judgment interest. Probably if there is simply a request for interest in the Complaint, you’re covered. It’s more prudent however to expressly ask for both pre-judgment and post-judgment interest. That way you’re clearly covered. 

The family auto policy in Virginia defines damages as including pre-judgment interest. If however the pre-judgment interest puts the amount to be paid over the limits, then that amount over the limits need not be paid. Dairyland Insurance Co. v. Douthat, 248 Va. 627, 449 S.E.2d 799.  That applies for both liability and UM coverage.

Call, or contact us for a free consult. Also for more info on personal injury damages see the Wikipedia pages. Also see the post on this site dealing with damages issues.

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Personal Injury Interest Awards

Personal Injury Interest Awards

Brien Roche

In a personal injury action, pre-judgment interest may be awarded. It is up to the judge or the jury to make that decision. 

Sometimes defense lawyers will argue that pre-judgment interest is not allowed. They may cite the case of Sumner Partners, LLC v. Venture Investments, LLC, 2022 W.L. 624845. In that unreported case, the court cited Va. Code § 8.01-382. Sumner was a contract case. The court noted that in general when you’re dealing with unliquidated claims, pre-judgment interest is disfavored. 

However Va. Code § 8.01-382 does say that in actions at law, the court may award interest on any principal sum awarded and fix the period at which the interest shall commence. 

Personal Injury Interest Awards – Discretionary

As such an award of pre-judgment interest is discretionary. If there is a jury that is being asked to decide the issue, it is the jury that decides that question of pre-judgment interest. Plus they decide the date from which it begins to run. 

Post-judgment interest is set by Va. Code § 6.2-302.

Pre-judgment interest can be a powerful weapon. If your verdict is a large one, then pre-judgment interest of 6% for two years is a big number.

The argument to the jury as to why pre-judgment interest should be awarded is that the plaintiff was injured on the date of the incident. The money was owed at that point, if in fact the defendant was liable. The plaintiff should have the use of the money since the date of the injury.  Therefore it is only fair that the plaintiff should be awarded that pre-judgment interest.

Personal Injury Interest Awards-Prayer for Damages

There can arise the question of whether or not you need to expressly ask for pre-judgment interest. Probably if there is simply a request for interest in the Complaint, you’re covered. It’s more prudent however to expressly ask for both pre-judgment and post-judgment interest. That way you’re clearly covered. 

The family auto policy in Virginia defines damages as including pre-judgment interest. If however the pre-judgment interest puts the amount to be paid over the limits, then that amount over the limits need not be paid. Dairyland Insurance Co. v. Douthat, 248 Va. 627, 449 S.E.2d 799.  That applies for both liability and UM coverage.

Call, or contact us for a free consult. Also for more info on personal injury damages see the Wikipedia pages. Also see the post on this site dealing with damages issues.

Contact Us For A Free Consultation

    Contact Us For A Free Consultation

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