As per CPLR Section 5001, interest shall be recovered upon a sum awarded in certain actions but does not include personal injury actions. As per EPTL 5-4.3, statutory interest should be recovered on principal amount of wrongful death damages from the date of death. It is about time that New York allowed pre-verdict interest to be recovered in personal injury actions. Pending amendments to CPLR 5001 (a) and (c) would allow interest to be recovered in “bodily injury “actions. Such changes would be in accord with most States and equitably allow full, fair, and just compensation for injury victims as well as encourage settlement of such cases reducing calendar congestion.
Currently, CPLR 5001(a) provides that pre-verdict interest shall be awarded upon a sum awarded in certain actions:
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