West Palm Beach car accident Plaintiff’s Motion for Prejudgment Interest
In the _________ Court of __________ County, ________
__________________, )
)
West Palm Beach car accident Plaintiff, )
) Case No. ____________
vs. )
)
__________________, )
)
Defendant. )
WEST PALM BEACH CAR ACCIDENT PLAINTIFF’S MOTION FOR PREJUDGMENT INTEREST
COMES NOW West Palm Beach car accident Plaintiff, by and through ____ [his/her] counsel of record, and hereby moves the Court for an award of prejudgment interest in the amount of ___________ [amount].
In support of ____ [his/her] motion, West Palm Beach car accident Plaintiff states as follows:
1. On ____________ [Date], attorney ________________ made a demand on defendant, through its insurance carrier, for payment in accordance with Section _____ of the Annotated Statutes of _________________.
2. That demand was made in writing and was sent via certified mail. See West Palm Beach car accident Plaintiff’s Exhibit 1—Demand Letter, and West Palm Beach car accident Plaintiff’s Exhibit 2—Certified Mail Receipt attached hereto and incorporated herein by reference.
3. West Palm Beach car accident Plaintiff demanded $___________ [amount] or the policy limits of the Defendant’s automobile liability policy. Those limits are $____________ [amount]. See West Palm Beach car accident Plaintiff’s Exhibit 3—Defendant’s Liability Insurance Policy attached hereto and incorporated herein by reference.
4. The demand [or offer to settle] was left open for a period of ______ (___) [number] days.
5. On ____________ [Date], the Defendant, through her insurance claims representative, responded by making a counter-offer to settle in the amount of $________ [amount]. See West Palm Beach car accident Plaintiff’s Exhibit 4—Defendant’s Counter-Offer letter attached hereto and incorporated herein by reference.
6. The demand period expired on ____________ [Date].
7. West Palm Beach car accident Plaintiff ____________ [Name] filed suit on _____________ [Date].
8. A jury verdict was rendered on ____________ [Date], in favor of West Palm Beach car accident Plaintiff __________________ [Name] in the amount of $_____________ [amount of judgment] which is in excess of the $___________ [amount] policy limits West Palm Beach car accident Plaintiff demanded on ___________ [Date].
9. Under the statute, West Palm Beach car accident Plaintiff in a tort action is entitled to prejudgment interest in an amount of ______________ (_____) [amount] percent per annum, upon showing the following:
(i) A demand for payment
(ii) Verdict or judgment exceeds the demand, and,
(iii) Demand was sent certified mail.
Section ________, Annotated Statutes of _____________, Main Volume.
10. Under the statute, interest begins accruing on and is calculated from the date the demand period expires.
11. West Palm Beach car accident Plaintiff calculates the daily interest charge of ______% per annum on the sum of $___________ [amount of judgment] to equal $________ [amount] per day.
12. Based on that rate and according to the statute, West Palm Beach car accident Plaintiff ______________ [Name] is entitled to $___________ [amount] for the ______ [number] days remaining in the year ______ [year], $____________ [amount] for the years _____ and _____ [years] and $____________ [amount] for the ______ [number] days from January 1, _____ [year of judgment] to date of trial.
13. Total interest due is $__________ [amount].
WHEREFORE, West Palm Beach car accident Plaintiff _____________ moves the Court for an order directing the Defendant to pay $___________ [amount] in prejudgment interest and, further, that the Court’s final judgment in this case include said prejudgment interest amount, and for such further and additional relief the Court deems just and necessary.

_________________________________
Attorney for West Palm Beach car accident Plaintiff