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Phone: 208.344.5555
Morton Law Offices, Chartered

Q
Is there a way that I can get pre-judgment interest against the Defendant who drags his feet in agreeing to engage in good faith settlement negotiations?

A

Idaho Code § 12-301 provides a plaintiff with the ability to serve at anytime after a lawsuit is filed the defendant with an offer of settlement. If the defendant fails to accept the offer and the verdict rendered is equal to or greater than the offer of settlement, the Court will render an additur to any judgment tacking on the pre-judgment interest on the judgment accruing from the date the offer of settlement was served and thereafter. Hence, the offer of settlement should be served upon the defendant and/or defense counsel by hand delivery or by certified mail, return receipt requested.

Alan Morton
Advocate for Justice/Trial Lawyer