Judgement Interest

In the absence of an applicable statute or rule, the courts generally applied the traditional common law rule that prejudgment interest was not available in tort actions since the claim for damages was unliquidated. In an effort to compensate tort plaintiffs for the often‑considerable lag between the event giving rise to the cause of action, or filing of the lawsuit, and the actual payment of the damages, many state legislatures have enacted laws that provide for or allow prejudgment interest in particular tort actions or under particular circumstances. In addition to seeking to compensate the plaintiff fully for losses incurred, the goal of such statutes is to encourage early settlements and to reduce delay in the disposition of cases, thereby lessening congestion in the courts.

The Problem

Although well‑intended, the practical effects of prejudgment interest statutes can be inequitable and counter‑productive. Prejudgment interest laws can, for example, result in over‑compensation, hold a defendant financially responsible for delay the defendant may not have caused, and impede settlement.

ATRA’s Position

At a time when policymakers are attempting to lower the cost of the liability system in an equitable and just manner, prejudgment interest laws that currently exist and new proposals should be reviewed to ensure that they are structured fairly and in a way designed to foster settlement. At a minimum, the interest rate should reflect prevailing interest rates by being indexed to the treasury bill rate at the time the claim was filed and an offer of judgment provision should be included.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Judgement Interest
Post-Judgment Interest: H.B. 2162 (1994)
Applies only to postjudgment interest on medical liability actions, including those resolved through ADR.  The postjudgment interest rate is tied to t...
Arizona
Judgment Interest: H.B. 1214 (1997)
Sets judicial interest to the average Treasury Bill Rate for 52 weeks plus 2%.  Provides varying rates of interest for actions pending or filed during...
Louisiana
Prejudgment Interest Rate Reform: H.B. 375 (1995)

Sets the prejudgment interest rate at the 52 week discount T-bill rate plus 2%.

New Hampshire
Prejudgment Interest Rate Reform: H.B. 223 (2017)
Lowers the prejudgment interest rate from 12% to 6%. A judgment for unpaid child support will remain at the 12% rate. A judgment on a contract, note, ...
Kentucky
Judgment Interest Reform: H.B. 2678 (2017)
Sets the pre and post judgment interest rate at two percentage points above the Fifth Federal Reserve District secondary discount rate provided the ra...
West Virginia


Judgement Interest News and Press

Explore ATRA's most recent press releases and blogs around Judgement Interest

Hold On to Your Pocketbooks If Interest Goes Up On Civil Lawsuits

This opinion editorial first appeared in the Chicago Sun Times. The cos...

‘Pre-Judgment Interest’ Bill Would Further Advantage Trial Lawyers

WASHINGTON, D.C., March 29, 2017 – With the Florida Senate’s Rules Committe...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Judgement Interest
Search All
States
Status
Post Types
Date
Monsanto v. Durnell
(U.S., filed March 2, 2026): Arguing that requirements for herbicide labeling should not be made case-by-case in litigation sparked by a flawed IARC ...
SCOTUS
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Cowan v. Dr. Slann et.al.
(N.D., filed February 23, 2026): Arguing that reasonable limits on medical liability improve the health care system for doctors and patients and Nort...
North Dakota
  • Case Not Yet Decided iconCase Not Yet Decided
Oregon Local Legal Services Advertising 2021-2025
Trial lawyers and aggregators increasingly spend large sums of money on television, digital,and print advertising to recruit new clients. In 2025, it...
Oregon
The Junk Science Playbook
The Machine That Sparks and Supports Mass Tort Litigation Introduction and Executive Summary Mass tort litigation is a sprawling, profit-driven...
Bio-Lab, Inc. v. Fannie Tartt et al.
(GA, filed January 20, 2026): Arguing that traditional tort law and persuasive decisions by the U.S. Supreme Court and numerous state high courts do ...
Georgia
  • Case Not Yet Decided iconCase Not Yet Decided
Foor v. Alabama
(Ala., Filed December 12, 2025): Arguing that allowing the circuit court’s so-called “sharing protective order” to stand would make Alabama a signifi...
Alabama
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Sanctionable: The unsupported, exaggerated, and suspicious claims plaguing our nation’s courts
There is growing concern that many lawsuits filed in our nation’s courts are unsupported, involve manufactured or exaggerated injuries, or stem from ...
California, Florida, Louisiana, New York, Pennsylvania
Lyon v. Riverside Methodist Hospital et. al.
(OH., filed October 7, 2025): Arguing that the Court should review the lower court’s decision because the Court should comprehensively address the co...
Ohio
  • Case Not Yet Decided iconCase Not Yet Decided
Atlas Turner, Inc. v. Welch
(U.S., filed September 22, 2025): Arguing the Court should review the use of receiverships by the South Carolina asbestos court.  The receivership pr...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Letter to House Judiciary Committee re: Protection of Lawful Commerce in Stone Slab Products Act
This letter was submitted on behalf of the American Tort Reform Association to express our support for H.R. 5437, the “Protection of Lawful Commerce ...
California



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