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  5. Indiana Court of Appeals Awards Prejudgment Interest to Plaintiff in Lake County Auto Accident Case

Indiana Court of Appeals Awards Prejudgment Interest to Plaintiff in Lake County Auto Accident Case

Parr Richey Frandsen Patterson Kruse LLP | Mar 11, 2012 | Indiana Court of Appeals Decisions, Prejudgment Interest |

In Kosarko v. The Estate of Herndobler (Cause No. 45A03-1012-CT-668), the Lake County trial court denied a motor vehicle collision plaintiff prejudgment interest. Margaret Kosarko (plaintiff) was injured in an automobile accident involving Daniel Herndobler. Kosarko sued Herndobler for her injuries arising from the crash.

Herndobler died while his case was pending and the administrator of his estate was substituted as the defendant. On March 18, 2008, Kosarko served the administrator with a settlement offer of $100,000 payable within sixty (60) days, but it was not accepted. Following a jury trial, a verdict was returned in favor of Kosarko in the amount of $210,000. Kosarko filed a motion with the trial court for prejudgment interest and the trial court denied the motion.

According to Indiana law, a trial court may award prejudgment interest as part of a judgment in “any civil action arising out of tortious conduct.” Ind. Code § 34-51-4-1 (1998). Furthermore, the period of time for which prejudgment interest may be awarded may not exceed forty-eight (48) months. Ind. Code § 34-51-4-8 (1998). Prejudgment interest should not be awarded if:

(1) within one (1) year after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause, the party who filed the claim fails to make a written offer of settlement to the party or parties against whom the claim is filed; (2) the terms of the offer fail to provide for payment of the settlement offer within sixty (60) days after the offer is accepted; or (3) the amount of the offer exceeds one and one-third (1 1/3) of the amount of the judgment awarded.

Ind. Code § 34-51-4-6 (1998).

The purpose of the statute is to encourage settlement and to compensate the plaintiff for the lost time value of money. Hupfer v. Miller, 890 N.E.2d 7, 9 (Ind. Ct. App. 2008). If a person is denied an opportunity to use money that is owed to them, then that person is also denied the opportunity to make a gain on an investment. Therefore, prejudgment interest is considered to be additional damages the plaintiff may seek to accomplish full compensation for the harm done. Wayne Twp. V. Lutheran Hosp. of Fort Wayne, Inc., 590 N.E.2d 1130, 1134 (Ind. Ct. App. 1992), trans. denied.

The trial court denied prejudgment interest because “[Kosarko’s] damages . . . were not ascertainable within a time frame that justifies granting [Kosarko’s] motion for prejudgment interest.” In September 2008, Kosarko asserted that her medical expenses were approximately $31,000. On March 25, 2009, Kosarko provided new medical bills to the administrator and asserted her medical expenses were approximately $72,000. The trial was held on March 24, 2010.

In its opinion, the Indiana Court of Appeals determined that the amount of Kosarko’s medical bills were not in dispute because she provided an accounting of her health care expenditures at all times while the case was pending. The Court determined that the administrator had ample time to evaluate the monetary value of the dispute and consider settlement because nearly a year had elapsed from the time Kosarko provided an updated accounting (March 2009) to the time of trial (March 2010). Moreover, the Court noted that there was no evidence that the increase in medical expenses was unnecessary, fraudulent, or unrelated to the automobile accident, or that Kosarko unduly delayed the surgery that caused the large increase in her medical expenses from her September 2008 accounting to her March 2009 accounting. Ultimately, the Court determined that the trial judge had abused his discretion by denying Kosarko’s motion for prejudgment interest and awarded Kosarko prejudgment interest in the amount of $79,627.40, as requested in her motion. The Court reasoned that under these circumstances, “the defendant and not the plaintiff should bear the cost of the time value of money in the intervening period if the ultimate result is within the parameters set by the legislature.” Cahoon v. Cummings, 734 N.E.2d 535, 547 (Ind. 2000).

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

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On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

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On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

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On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

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On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

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Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

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Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

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Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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