Title 51, Chapter 12, Section 14
( 51-12-14)
(a) Where a claimant has given written notice by registered or
certified mail or statutory overnight delivery to a person against
whom claim is made of a demand for an amount of unliquidated damages
in a tort action and the person against whom such claim is made
fails to pay such amount within 30 days from the mailing of the
notice, the claimant shall be entitled to receive interest on the
amount demanded if, upon trial of the case in which the claim is
made, the judgment is for an amount not less than the amount
demanded. However, if, at any time after the 30 days and before the
claimant has withdrawn his demand, the person against whom such
claim is made gives written notice by registered or certified mail
or statutory overnight delivery of an offer to pay the amount of the
claimant's demand plus interest under this Code section through the
date such notice is given, and such offer is not accepted by the
person making the demand for unliquidated damages within 30 days
from the mailing of such notice by the person against whom such
claim is made, the claimant shall not be entitled to receive
interest on the amount of the demand after the thirtieth day
following the date on which the notice of the offer is mailed even
if, upon trial of the case in which the claim is made, the judgment
is for an amount not less than the sum demanded pursuant to this
Code section. (b) Any written notice referred to in subsection (a) of this Code
section may be given on only one occasion and shall specify that it
is being given pursuant to this Code section. (c) The interest provided for by this Code section shall be at the
rate of 12 percent per annum and shall begin to run from the
thirtieth day following the date of the mailing of the written
notice until the date of judgment. (d) Evidence or discussion of interest on liquidated damages, as
well as evidence of the offer, shall not be submitted to the jury.
Interest shall be made a part of the judgment upon presentation of
evidence to the satisfaction of the court that this Code section has
been complied with and that the verdict of the jury or the award by
the judge trying the case without a jury is equal to or exceeds the
amount claimed in the notice. (e) This Code section shall be known and may be cited as the
"Unliquidated Damages Interest Act." |