What are prejudgment interest costs for a plaintiff in a personal injury action?

California, United States of America


The following excerpt is from Bodell Const. Co. v. Trustees of California State University, 62 Cal.App.4th 1508, 73 Cal.Rptr.2d 450 (Cal. App. 1998):

14 In contrast to prejudgment interest awarded under Civil Code section 3287, which as we explained above is a form of compensatory damages, prejudgment interest awarded under Civil Code section 3291 and Code of Civil Procedure section 998 to a plaintiff in a personal injury action in which the defendant fails to obtain a more favorable judgment after failing to accept the plaintiff's offer to compromise, is an item of costs recoverable under Code of Civil Procedure section 1033.5, subdivision (a)(13), which allows as costs "Any other item that is required to be awarded to the prevailing party pursuant to statute as an incident to prevailing in the action at trial or on appeal." (see also Wagy v. Brown, supra, 24 Cal.App.4th at p. 8, 29 Cal.Rptr.2d 48.)

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