Prejudgment Interest applies to Awards for Unjust Enrichment or Quantum Meruit
In a recent case, a jury rendered a verdict in favor of a plaintiff for unjust enrichment. The trial court thereafter awarded prejudgment interest from the date of the jury’s verdict. An issue on appeal was whether the prejudgment interest should have been awarded from the date of the plaintiff’s loss instead of the (later) date of the jury’s verdict. The appellate court held that the prejudgment interest should have been from the date of the loss as the record demonstrated when the date of loss occurred. In making this holding, the appellate court explained:
A plaintiff is entitled to prejudgment interest on a damages award for unjust enrichment or quantum meruit.
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Although prejudgment interest is an element of damages, “the issue of prejudgment interest is a discrete issue to be determined by the trial court, not the finder of fact.” “[W]hen a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of that loss.” “The computation of prejudgment interest ‘is a purely ministerial duty’ and is not affected by the merit of the defense or the certainty of the amount of loss.”
“When a fact-finder renders a verdict regarding the amount recoverable for unpaid services, the date of the loss is the date the payment was due.” “[T]here does not have to be a special verdict as to the date of loss, where the loss is established by the verdict and the pertinent date can be ascertained from the evidence.” When it cannot be determined from the record when the particular pecuniary losses awarded by the jury occurred, prejudgment interest must be calculated from the date of the verdict.
Memorial Health Systems, Inc. v. Hamilton Staffing Solutions, Inc., 50 Fla.L.Weekly D1462a (Fla. 5th DCA 2025) (citations omitted).
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