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HomeCivil CodeDiv. 4Pt. 1Ch. 1Art. 2§ 3291 Prejudgment Interest In Injury Cases

§ 3291 Prejudgment Interest In Injury Cases

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3291 Prejudgment Interest In Injury Cases

Key Takeaways

  • •If someone hurts you and you sue them, you can ask for extra money (interest) on top of what they owe you.
  • •If you offer to settle the case before trial and the other side says no, but you win more money in court, you get 10% extra per year on that money from the date you made the offer.
  • •This extra money rule doesn’t apply if the person who hurt you works for the government or is a government office.

Example

You get hurt in a car crash because someone wasn’t paying attention. You sue them for $50,000.

Before the trial, you offer to settle for $30,000, but they refuse. In court, you win $40,000. Since you won more than your offer, you get 10% extra per year on the $40,000 starting from the day you made the $30,000 offer until they pay you.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3291 Prejudgment Interest In Injury Cases

In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or by willful intent of the other person, corporation, association, or partnership, and whether the injury was fatal or otherwise, it is lawful for the plaintiff in the complaint to claim interest on the damages alleged as provided in this section. If the plaintiff makes an offer pursuant to Section 998 of the Code of Civil Procedure which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per annum calculated from the date of the plaintiff’s first offer pursuant to Section 998 of the Code of Civil Procedure which is exceeded by the judgment, and interest shall accrue until the satisfaction of judgment. This section shall not apply to a public entity, or to a public employee for an act or omission within the scope of employment, and neither the public entity nor the public employee shall be liable, directly or indirectly, to any person for any interest imposed by this section. (Added by Stats. 1982, Ch. 150, Sec. 1.)

Last verified: January 21, 2026

Key Terms

personal injurySection 998 of the Code of Civil Procedure10 percent per annumpublic entitypublic employee

Related Statutes

  • § 3287 Prejudgment Interest Recovery
  • § 3289 Contract Interest After Breach
  • § 1044 Transferable Property Exceptions
  • § 1045 Nontransferable Mere Possibilities
  • § 1046 Transferable Reentry Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 3291.
View Official Source