78B-5-824 - Personal injury judgments -- Interest authorized.
78B-5-824. Personal injury judgments -- Interest authorized.
(1) In all actions brought to recover damages for personal injuries sustained by anyperson, caused by the negligence or willful intent of another person, corporation, association, orpartnership, and whether the injury was fatal or otherwise, the plaintiff in the complaint mayclaim interest on special damages actually incurred from the date of the occurrence of the actgiving rise to the cause of action.
(2) It is the duty of the court, in entering judgment for plaintiff in that action, to add tothe amount of special damages actually incurred that are assessed by the verdict of the jury, orfound by the court, prejudgment interest on that amount calculated at 7.5% simple interest perannum, from the date of the occurrence of the act giving rise to the cause of action to the date ofentering the judgment, and to include it in that judgment.
(3) As used in this section, "special damages actually incurred" does not include damagesfor future medical expenses, loss of future wages, or loss of future earning capacity.
Amended by Chapter 276, 2009 General Session