This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Pre Post Offer Damages Split in North Carolina

In North Carolina, a plaintiff who rejects a valid offer of judgment under Rule 68 and later recovers a more favorable judgment is not required to split pre-offer and post-offer damages; instead, the rule applies an 8% per annum interest adjustment on the judgment from the date of the offer. This means that if the final judgment exceeds the rejected offer, the plaintiff receives the full damages award, but the defendant’s liability for post-offer interest is capped at the 8% statutory rate set by N.C. R. Civ. P. 68 (N.C. Gen. Stat. § 1A-1, Rule 68). The rule does not divide the damages themselves but rather governs the interest calculation. The official source linked above contains the exact language. Use the DocketMath calculator to estimate how this rule applies to your case.

Governing authority

In North Carolina, the pre post offer damages split rule is set by N.C. R. Civ. P. 68 (N.C. Gen. Stat. § 1A-1, Rule 68). The verified packet cites N.C. R. Civ. P. 68 (N.C. Gen. Stat. § 1A-1, Rule 68) (https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_1A/GS_1A-1,_Rule_68.pdf).

North Carolina pre post offer damages split: the verified value is 8% under N.C. R. Civ. P. 68 (N.C. Gen. Stat. § 1A-1, Rule 68). The verified packet cites N.C. R. Civ. P. 68 (N.C. Gen. Stat. § 1A-1, Rule 68) (https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_1A/GS_1A-1,_Rule_68.pdf).

Estimate your own result: every situation has exceptions that can change the outcome. Use the pre post offer damages split calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.