Is prejudgment interest given to a plaintiff in a wrongful death action?
British Columbia, Canada
The following excerpt is from Wieser v. Pearson, 1979 CanLII 476 (BC SC):
With respect, I feel that this type of reasoning obscures the purpose for which prejudgment interest is given. It is awarded to recompense the plaintiff for being out of money: see Lord Denning's dicta in Jefford v. Gee, supra. If the plaintiff would not in the normal course of events have received such benefits until after the trial then why should she both receive them in advance and also get interest on them? Juristically her loss may occur on her husband's death, but financially the loss will arise periodically over many years in the future as the financial benefit from his earnings would have been received.
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