Exceptions to Prejudgment Interest for Personal Injury In Texas
Prejudgment interest for personal injury claims is governed by Sections 304.104-108 of the Texas Finance Code. See TEX. FIN. CODE 304.101-08 (Vernon Supp. 2000).
Section 304.104 provides in relevant part that:
Except as provided by Section 304.105 or 304.108, prejudgment interest accrues on the amount of a judgment during the period beginning on the 180th day after the date the defendant receives notice of a claim or the date the suit is filed and ending on the day preceding the date judgment is rendered. Id. at 304.104.
Section 304.105 provides that prejudgment interest accrues only on that portion of the judgment in excess of a settlement offer for that portion of time in which the offer remains open. Id. at 304.105.
Section 304.108(a) provides that "in addition to the exceptions provided by Section 304.105, a court may order that prejudgment interest does not accrue during periods of delay in the trial." Id. at 304.108(a).
Section 304.108(b) states:
A court shall consider:
(1) periods of delay caused by a defendant; and
(2) periods of delay caused by a claimant. Id. at 304.108(b).
Construing these provisions together, we conclude that the only statutorily recognized exceptions to prejudgment interest for personal injury are for:
(1) the amount of a settlement offer during the period it may be accepted;
(2) delay caused by a defendant;
(3) delay caused by a claimant.