A recent Court of Appeal decision underscores a reality seasoned litigators already understand: personal-injury law rewards precision, experience, and a deep command of procedural strategy. In a significant ruling, Division One of the Court of Appeal reversed a trial court’s denial of prejudgment interest to a prevailing personal-injury plaintiff, clarifying the proper application of Code of Civil Procedure §998 and Civil Code §3291—and reinforcing how technical missteps can mean the difference between millions recovered and millions left on the table.
The trial court had denied prejudgment interest after concluding that the plaintiffs’ pretrial §998 offer was invalid because it expressly referenced insurer consent. The Court of Appeal disagreed, holding that conditioning a settlement on insurer consent does not invalidate a §998 offer. The court recognized what experienced personal-injury lawyers know from daily practice: when a defendant is insured, insurer consent is an implicit—and unavoidable—part of any real settlement discussion. Making that reality explicit does not defeat a statutory offer.
The stakes were not academic. After trial, the jury awarded more than $6.8 million to the injured plaintiff and his spouse. Prejudgment interest at 10% per year under Civil Code §3291 represented a substantial additional recovery—one the defense sought to eliminate by attacking the technical wording of a settlement offer made years earlier. The Court of Appeal rejected that tactic and sent the case back for a determination of whether the offer was reasonable and made in good faith.
This decision matters because §998 practice is one of the most powerful—and most dangerous—tools in personal-injury litigation. Properly handled, it can shift leverage, impose financial consequences on unreasonable defendants, and dramatically increase a client’s recovery. Mishandled, it can cost clients millions and expose referring counsel to risk.
This is why firms refer serious injury cases to us.
We routinely handle:
- High-exposure automobile and catastrophic-injury cases
- Complex §998 and prejudgment-interest issues
- Insurance-driven litigation strategy and post-verdict motions
- Appeals and appellate-level issue preservation
Our approach is trial-ready from day one, with a settlement strategy built around enforceability, statutory leverage, and long-term positioning—not shortcuts. We do not simply try cases; we anticipate how trial decisions will be scrutinized years later, on appeal or in post-judgment proceedings.
For attorneys who want their clients protected, their recoveries maximized, and their cases handled with the level of sophistication demanded by modern personal-injury litigation, referral to a true PI specialty firm is not just prudent—it is essential.
If you have a serious injury case that deserves expert handling from intake through verdict and beyond, we welcome the opportunity to work with you.