![]() It is this first sentence that gives the practitioner the opportunity to enlarge his or her recovery. (Note that if a jury decides your case and the judge enters judgment months later, you get interest from the date of the verdict.) The first sentence authorizes the finder of fact to start the running of interest at a different time, which logically cannot be later than the date of verdict or judgment. The second sentence quoted above is the mandatory imposition of post-judgment interest. from its date of entry or from the date that the jury verdict was Rendered which does not provide for interest, the final order, judgment orĭecree awarded or jury verdict shall bear interest at the judgment rate of interest … If a final order, judgment or decree be Interest on any principal sum awarded, or any part thereof, and fix the period at Verdict of the jury, or if no jury the judgment or decree of the court, may provide for Verdict, judgment or decree to fix period at which interest begins Here’s the statute (in pertinent part) cited by the court: With the trier of fact, while the application of post-judgment interest for all money Two] is that the decision whether to award pre-judgment interest is discretionary Nonetheless, the principal distinction between [the The terms “pre-judgment interest” and “post-judgment interest” are not defined in Much more recently, the Supreme Court has explained one key difference between pre-judgment and post-judgment interest: The foundation for imposition of interest on judgments is ancient: “t is natural justice that he who has the use of another’s money should pay interest for it.” Jones v. If you’ve got a significant tort case, then you need to devote a little more attention to this underappreciated tool. Face it – virtually no one focuses on judgment interest as he’s preparing for trial.īut this is an area where minimal effort can enhance the value of your judgment by 10, 15, even 20 percent or more, depending on the amount of time between the accrual of the cause of action and the date you collect. But it seems to them that interest is little more than what the Gulf Coast Creoles call a lagniappe – a little something extra thrown in by a merchant, usually as a gesture of goodwill. Oh, they know it’s there, and they know that any judgments they recover will start cranking out interest at the less-than-munificent rate of 6 percent per annum. In studying these techniques, many trial lawyers pay little attention to the relatively mundane subject of judgment interest. Lawyers study time-honored techniques of evidence presentation, measured by jurors’ likely reactions, to make damage claims stick and to produce the largest number possible to the right of the dollar sign. 1 2009Įvery plaintiff’s trial lawyer is looking for ways to beef up the size of judgments. Judgment interest It’s sexier than you thinkīy L.
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