§ StatuteRates

West Virginia Prejudgment Interest Rate

United States  West Virginia prejudgment interest — a formula rate, reset twice a year.

Current rate
6.25% per year — current formula value, effective July 9, 2026
Set by statute Formula rate

West Virginia prejudgment interest is currently 6.25% per year — a statutory formula rate under W. Va. Code § 56-6-31(b) that resets twice a year. Prejudgment interest is available ONLY on special damages and liquidated damages — NOT on general/unliquidated damages.

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

Fifth Federal Reserve District secondary discount rate on Jan 2 + 2 percentage points, capped 4%-9%. The Administrative Office of the Supreme Court of Appeals of West Virginia publishes the annual rate.

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.

Effective-date history

1 data point on record. Full history in the JSON API.
Effective dateRateBasis
July 9, 2026 6.25% Statute

Source & provenance

Latest value retrieved July 10, 2026 (02:55 UTC) from the official source:
https://code.wvlegislature.gov/56-6-31/

Reference data only — not legal, tax, or financial advice. Always confirm the controlling value against the official source and, where applicable, the governing statute or court before relying on it.