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

California, United States of America


The following excerpt is from Edwards v. Ujdur, C060617, No. 158472 (Cal. App. 2010):

Civil Code section 3287, subdivision (a) provides in relevant part: "Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor from paying the debt." (Italics added.) "The policy underlying authorization of an award of prejudgment interest is to compensate the injured party--to make that party whole for the accrual of wealth which could have been produced during the period of loss." (Cassinos v. Union Oil Co. (1993) 14 Cal.App.4th 1770, 1790.)

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