Can a plaintiff claim interest on damages for personal injury sustained by another plaintiff?

California, United States of America


The following excerpt is from Pursley v. Philippe, B209435, No. MC015988 (Cal. App. 2010):

Civil Code section 3291 provides, "In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person... it is lawful for the plaintiff in the complaint to claim interest on the damages alleged as provided in this section. [] If the plaintiff makes an offer pursuant to Section 998 of the Code of Civil Procedure which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per annum calculated from the date of the plaintiffs first offer pursuant to Section 998 of the Code of Civil Procedure which is exceeded by the judgment, and interest shall accrue until the satisfaction of the judgment." (See Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, 657.)

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