Delaware prejudgment interest rate
United States Delaware prejudgment interest — a formula rate, reset periodically.
→ All Delaware judgment & prejudgment interest rates
Statutory formula / table Formula rate
2026 Delaware prejudgment interest at a glance
- Current rate
- 8.75% per year
- Effective date
- July 9, 2026
- Controlling authority
- 6 Del. C. § 2301(a)
- Rate basis
- Statutory formula / table
- Source checked
- July 9, 2026
- Recorded history
- 1 data point
Delaware prejudgment interest is currently 8.75% per year — a statutory formula rate under 6 Del. C. § 2301(a) that resets periodically.
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.
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.
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.
Current recorded observation
| Effective date | Rate | Basis |
|---|---|---|
| July 9, 2026 | 8.75% | Statute |
Source & provenance
Observation recorded July 9, 2026 (00:00 UTC) from the cited source (Delaware — delcode.delaware.gov):
https://delcode.delaware.gov/title6/c023/
Cite this page
StatuteRates. “Delaware Prejudgment Interest Rate.” StatuteRates.com. Accessed today. https://statuterates.com/rates/delaware-prejudgment-rate/ Rate recorded under 6 Del. C. § 2301(a), effective July 9, 2026.