Now that more and more cases are reaching verdict on this side of the COVID-19 pandemic, the issue of whether or not the shuttering of the court system in Pennsylvania during the course of the pandemic should be considered in the calculation of delay damages in personal injury matters has come to the forefront.

In the decisions handed down so far by the trial and appellate courts, the ruling has been that defendants are not vaccinated against having to pay additional damages on personal injury awards to cover the interest owed to the plaintiff from the time after the suit has been filed up to the time of the verdict.

Delay Damages Under Rule 238

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