What is the test for prejudgment interest in a personal injury action?

MultiRegion, United States of America

The following excerpt is from US v. Imperial Irr. District, 799 F. Supp. 1052 (S.D. Cal. 1992):

Because the damages in this case are disputed, California Civil Code 3288 applies. This section provides that interest may be given in an action "for the breach of an obligation not arising from contact ... in the discretion of the trier of fact." Cal.Civ.Code 3288 (West 1970). This section "permits discretionary prejudgment interest for unliquidated tort claims." Greater Westchester Homeowners Ass'n v. City of Los Angeles, 26 Cal.3d 86, 102, 160 Cal.Rptr. 733, 603 P.2d 1329 (1979). The award of such interest represents the accretion of wealth which money or particular property could have produced during a period of loss. Id. at 102-03, 160 Cal.Rptr. 733, 603 P.2d 1329.

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