District of Columbia Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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FAQ
§ 15?109. Interest on judgment for damages in contract or tort. In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only.
(2)(a) Prejudgment interest charged or collected on medical debt, as defined in RCW 19.16. 100, must not exceed nine percent. (b) For any medical debt for which prejudgment interest has accrued or may be accruing as of July 28, 2019, no prejudgment interest in excess of nine percent shall accrue thereafter.
Following are the various grounds on which a party may rely in seeking a new trial: 1) The case where the Verdict is Against the Weight of the Evidence: ... 2) The case where the Verdict is Inadequate or Excessive: ... 3) The case where a Party Newly Discovers Evidence:
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.
In such situations, the judgment interest rate is 4%. The new interest rate is for post-judgments only. The pre-judgment interest rate is 6% in the absence of an expressed contract specifying otherwise, pursuant to DC Code §28-3302 (a). Click here to see previous judgment interest rates.
This new pre- and post-judgment interest rate of 8.25% becomes effective August 1, 2023, and has real financial consequences for defendants and soon-to-be judgment-debtors in cases where a money judgment is not based on a contract which provides for interest (i.e., most lawsuits).
The interest that a creditor, usually a plaintiff in the case, is entitled to collect, derived from the amount of a judgment, which compensates the creditor for an injury which occurred before the judgment.
The amount of interest Civil Code section 3289 provides guidance and specifies that prejudgment interest on a tort claim is set at seven percent (7 percent) per annum, in simple interest. (Michelson v. Hamada (1994) 29 Cal. App.
