Delaware Court Awards Prejudgment Interest to Man Who Died After Hospital Fall

The Delware Supreme Court said that the estate of a man who died after falling in an area hospital is entitled to both a $2 million jury award and prejudgment interest that could amount to another $470,000 or more, according to The Associated Press.

In its opinion, the high court ruled that Matthew Harris, 74, who won a $2 million jury award after being given a sedative in the hospital and then falling out of bed and suffering a fatal head injury, was also entitled to receive prejudgment interest.  A lower court had ruled otherwise.

As the AP reports, under Delaware law, plaintiffs seeking damages for bodily injuries or death are entitled to interest on a judgment if the plaintiff offered to settle prior to the jury judgment for less than the ultimate jury award.  The wire service says that Harris's estate did offer to settle all claims prior to the jury finding, but the offer for less money was rejected.

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