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Writer's pictureDemesmin and Dover

Is a personal injury claim settlement taxable?

Updated: Feb 14, 2023



After successfully concluding a personal injury claim and reaching a settlement, it is important to understand the potential tax implications of the settlement received. The tax treatment of a personal injury settlement is dependent on the specific nature of the case and the damages included in the settlement. Settlements for physical injury or sickness are tax free, while settlements for other damages, such as lost wages or property damage, are taxable income. It is recommended that you seek the advice of a tax professional and personal injury attorney to ensure a clear understanding of the taxes you will have to pay on your personal injury settlement in compliance with the laws.


Why did my insurance company pay for my medical bills?

In Florida, personal injury settlements are taxed differently depending on the type of damages included in the settlement. According to state law, settlements for medical expenses and other damages related to physical injury or sickness are tax free. However, settlements for lost wages, property damage, and other economic damages are taxable income and may be subject to federal and state taxes. It is important to consult a tax professional to understand the tax implications of your personal injury settlement and to ensure compliance with tax laws.


Will I be taxed on my personal injury settlement?


Medical Bills: Reimbursement for medical expenses incurred because of physical injury or illness is tax free.


Pain and Suffering: Compensation for physical and mental suffering caused by an injury is not taxed, as it is difficult to determine the exact amount.


Emotional Distress: In contrast, compensation for emotional distress is taxable.


Harassment: The taxation of compensation for harassment, which may include pain and suffering, depends on the specific circumstances. It is often taxable.


Lost Wages: Compensation for wages lost because of an injury-related inability to work is taxable.


Interest: Interest received as part of a personal injury settlement is taxable, as it goes beyond the compensation received.


Where do the rules on what is taxable for settlements come from?

The rules on what is taxable for settlements come from the Internal Revenue Service (IRS). The IRS determines whether a settlement payment received because of an illness or injury is exempt from taxation according to the law. They will evaluate each case on a case-by-case basis to determine the nature of the settlement, considering the details of the settlement agreement and any other relevant information. They may review the settlement agreement for any discrepancies and question the recipient of the settlement.


What can I do to protect myself?

It is important to be informed about the specifics of your case to determine the taxability of your settlement. You can work with a personal injury attorney to ensure that your settlement agreement is detailed and specifies the purpose of each payment. This will help the IRS to clearly understand the nature of your settlement and determine its taxability. To ensure that your rights are protected, it is advisable to seek the help of a competent personal injury attorney. That is why you should contact the personal injury attorneys at Demesmin and Dover Law Firm. They can help you navigate the settlement process and ensure that you receive the compensation you deserve. Call now at 866-954-MORE (6673).



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