Prejudgment Interest Available on Accrued Damages in Personal Injury, Wrongful Death, and Survival Actions
Kotara, Stephen W.
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Analyzes a Texas Supreme Court case holding that a prevailing plaintiff may recover prejudgment interest compounded daily on damages that have accrued by the time of the judgment. The article details the prejudgment interest rule in Texas, including application and development. The article next details the current case and analyzes the court’s ruling in terms of interest rate, accrual rules, and the segregation of past and future damages. The article analyzes prejudgment interest in terms of personal injury cases, including making plaintiffs whole, and equity and symmetry.