Delaware Prejudgment Interest Rate
United States Delaware prejudgment interest — a formula rate, reset periodically.
Set by statute Formula rate
Delaware prejudgment interest is currently 8.75% per year — a statutory formula rate under 6 Del. C. § 2301(a) that resets periodically. Prejudgment interest under Delaware law is awarded as a MATTER OF RIGHT (not discretionary) to a prevailing plaintiff on a liquidated or ascertainable money claim, most clearly in…
When Delaware prejudgment interest applies
Prejudgment interest under Delaware law is awarded as a MATTER OF RIGHT (not discretionary) to a prevailing plaintiff on a liquidated or ascertainable money claim, most clearly in breach-of-contract actions where a sum is due. It compensates for the loss of use of money and is available even where damages were unliquidated/disputed, as long as a definite sum is ultimately owed; a contract (or contract-type money) claim generally must be pleaded for prejudgment interest to accrue (Superior Court has held a…
When it starts accruing
From the date of breach / the date payment became due (when the money should have been paid). Tort compensatory damages under § 2301(d): from the date of injury, but only if the qualifying written settlement demand (valid 30+ days, below the final award) was made.
Simple or compound
Simple by default. Delaware disfavors compound interest and courts award simple prejudgment interest absent an express contractual or statutory provision permitting compounding; compounding appears mainly in statutory appraisal actions (8…
How the rate is set
Legal rate = Federal Reserve discount rate (including any surcharge) + 5%, measured "as of the time from which interest is due" (6 Del. C. § 2301(a)). Currently 3.75% Fed discount rate + 5% = 8.75%. Rate is locked at the date interest starts accruing and applied as simple interest by default.
→ Compare with the Delaware post-judgment interest rate (interest after judgment)
Prejudgment interest under 6 Del. C. § 2301(a) — 8.75% (simple interest). This is PREjudgment interest (accruing before entry of judgment) and is separate from Delaware’s post-judgment rate; availability is limited by claim type (see the page). Current formula value as of 2026-07-09; verify at delcode.delaware.gov. Not legal advice.
Effective-date history
| Effective date | Rate | Basis |
|---|---|---|
| July 9, 2026 | 8.75% | Statute |
Source & provenance
Latest value retrieved July 10, 2026 (02:55 UTC) from the official source:
https://delcode.delaware.gov/title6/c023/