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Justice Delayed is Justice Denied – A Case for Prejudgment Interest

With our courts coming back on line to hear motions and conduct certain other business virtually, there is hope that our vital civil justice system is slowly on the road to COVID-19 recovery. However, the Constitutional Right to a Jury Trial presently remains in suspension. Understandably, in these times of Social Distancing, there is concern about bringing citizens together to serve on juries. But, with courts planning no jury trials for at least the remainder of 2020, for the first time in our history the constitutional right to a jury trial is on hold. Can you imagine rights guaranteed under the Bill of Rights suspended for a period of 9 months to a year? In some places, where the parties are in agreement, litigants are attempting to try their cases to “Virtual Juries.” While novel ideas to afford citizens a way to resolve their cases should be applauded, such alternative resolution mechanisms require agreement by all parties, and are not a substitute for the loss of a constitutional right. In most instances, the delay in the right to have your legal case tried to a jury equates to a denial of justice. In some jurisdiction, such as Massachusetts, the legislature had the foresight to build in a protection against such delay, as victims of civil wrongs are entitled to recover prejudgment interest on their damages. However, in most jurisdictions, such as Connecticut, there is no automatic prejudgment interest on civil damages. Prejudgment interest statutes protect citizens from the ill effects of court delay. In the wake of the unprecedented COVID-19 related suspension of the right to trial by jury, it may be time to for every jurisdiction to enact prejudgment interest laws to help protect citizens from delays in civil justice.

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