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Law Practice

Mar. 8, 2013

Can juries award prejudgment interest in malpractice suits?

The California authority on point suggests that a jury does not have discretion to award prejudgment interest as damages in a legal malpractice case. By Harlan Watkins and Nicholas Larson


By Harlan Watkins and Nicholas Larson


Defense attorneys, upon receipt of a summons and complaint, will almost invariably find a prayer for an award of prejudgment interest in the complaint. Prejudgment interest is a form of damages to compensate for the delay between the time of injury or damage and the time a judgment is made. The primary purpose is to compensate the plaintiff for the loss of use of money during the period before the entry of judgment, in order ...

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