West Virginia prejudgment interest rate
United States West Virginia prejudgment interest uses an annual right-to-action rate.
→ All West Virginia judgment & prejudgment interest rates
Statutory formula / table Formula rate
2026 West Virginia prejudgment interest at a glance
- Current rate
- 6.25% per year
- Effective date
- July 9, 2026
- Controlling authority
- W. Va. Code § 56-6-31(b)
- Rate basis
- Statutory formula / table
- Source checked
- July 9, 2026
- Recorded history
- 1 data point
West Virginia’s published annual rate is 6.25% for 2026 under W. Va. Code §56-6-31. The rate resets annually, not twice a year, and the applicable prejudgment rate is selected by the year when the right to bring the action accrued. Eligibility is limited to the damages categories covered by the statute.
When West Virginia prejudgment interest applies
Prejudgment interest is available ONLY on special damages and liquidated damages — NOT on general/unliquidated damages. Per § 56-6-31(b), "special damages" means lost wages and income, medical expenses, damages to tangible personal property, and similar out-of-pocket expenditures. General damages (pain and suffering, emotional distress, and other unliquidated/non-economic damages) are EXCLUDED from prejudgment interest. Punitive damages are not eligible.
When it starts accruing
Rate is fixed by reference to the Fifth Federal Reserve District secondary discount rate in effect on January 2 of the year in which the right to bring the action accrued, and that established rate remains constant for that particular judgment/decree notwithstanding later changes in the Fed rate.
Simple or compound
Simple.
How the rate is set
The annual formula uses the Fifth Federal Reserve District secondary discount rate on January 2 plus two percentage points, subject to the statutory floor and ceiling. The Supreme Court of Appeals publishes the selected annual rate.
→ Compare with the West Virginia post-judgment interest rate (interest after judgment)
Prejudgment interest under W. Va. Code § 56-6-31(b) — 6.25% (simple interest). This is PREjudgment interest (accruing before entry of judgment) and is separate from West Virginia’s post-judgment rate; availability is limited by claim type (see the page). Current formula value as of 2026-07-09; verify at code.wvlegislature.gov. Not legal advice.
Current recorded observation
| Effective date | Rate | Basis |
|---|---|---|
| July 9, 2026 | 6.25% | Statute |
Source & provenance
Observation recorded July 9, 2026 (00:00 UTC) from the cited source (West Virginia — code.wvlegislature.gov):
https://code.wvlegislature.gov/56-6-31/
Cite this page
StatuteRates. “West Virginia Prejudgment Interest Rate.” StatuteRates.com. Accessed today. https://statuterates.com/rates/west-virginia-prejudgment-rate/ Rate recorded under W. Va. Code § 56-6-31(b), effective July 9, 2026.