INTEREST

       Interest on the amount of a judgment is ordinarily not recoverable in a Delaware personal injury action. There are two exceptions to this rule. If the plaintiff (injured person) makes a written settlement proposal at least 30 days prior to trial, which the defendant does not accept and the jury award is greater than the demand, then interest on the jury's award is awarded and the interest begins to run from the day of the accident. Since it is not unusual to take 3 to 4 years to get a case to trial, the interest can be significant.

       The other time when interest can be recovered is dependant upon which party appeals the arbitrator's decision. If the defendant appeals and the plaintiff obtains a jury award higher than the arbitrator's award, interest on the amount of the arbitrator's order is owed beginning with the date of the Order.

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302-655-2599 (Wilmington) - 302-368-4200 (Newark) - 302-678-8815 (Dover)

The MorrisJames Personal Injury Group has been helping victims of serious Auto Accidents in Delaware for a combined total of 81 years. We have offices in Dover, Newark, and Wilmington. Contact us today