Judgement Interest Reform

In the absence of an applicable statute or rule, the courts generally applied the traditional common law rule that prejudgment interest was not available in tort actions since the claim for damages was unliquidated. In an effort to compensate tort plaintiffs for the often‑considerable lag between the event giving rise to the cause of action, or filing of the lawsuit, and the actual payment of the damages, many state legislatures have enacted laws that provide for or allow prejudgment interest in particular tort actions or under particular circumstances. In addition to seeking to compensate the plaintiff fully for losses incurred, the goal of such statutes is to encourage early settlements and to reduce delay in the disposition of cases, thereby lessening congestion in the courts.

Problem

Although well‑intended, the practical effects of prejudgment interest statutes can be inequitable and counter‑productive. Prejudgment interest laws can, for example, result in over‑compensation, hold a defendant financially responsible for delay the defendant may not have caused, and impede settlement.

ATRA's Position:

At a time when policymakers are attempting to lower the cost of the liability system in an equitable and just manner, prejudgment interest laws that currently exist and new proposals should be reviewed to ensure that they are structured fairly and in a way designed to foster settlement. At a minimum, the interest rate should reflect prevailing interest rates by being indexed to the treasury bill rate at the time the claim was filed and an offer of judgment provision should be included.

Opposition Opinion:

The personal injury bar’s argument in support of prejudgment interest – that prejudgment interest compensates the plaintiff fully for losses incurred, encourages early settlements, and reduces delay in the disposition of cases – fails to address the hardship faced by defendants held financially responsible for litigation delays they may not have caused.

Judgment Interest Reform: H.B. 2678 (2017)

West Virginia|2017

Sets the pre and post judgment interest rate at two

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Sets the pre and post judgment interest rate at two percentage points above the Fifth Federal Reserve District secondary discount rate provided the rate does not exceed nine percent or be less than four percent.

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Unchallenged

Judgment Interest Rate Reform: S.B. 576 (2006)

West Virginia|2006

Established that the rate for pre-and post-judgment interest may not

[…]

Established that the rate for pre-and post-judgment interest may not exceed 11 percent per year or by less than 7 percent per year.

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Unchallenged