Advisory Committee Note
Under Section 78B-5-824 a party will not be awarded prejudgment interest on special damages in a Tier 1 action for personal injury or wrongful death arising on or after July 1, 2014 if:
(1) the party does not make a settlement offer;
(2) the settlement offer is tendered less than 60 days before trial; or
(3) the settlement offer is greater than or equal to one and one-third times the judgment awarded at trial.
Although the statute does not directly affect settlement offers made under Rule 68, parties should be aware of the limitation a settlement offer has on prejudgment interest in some cases.