Lv 7
J asked in Politics & GovernmentLaw & Ethics · 4 years ago

Are personal injury settlements taxed?

A friend was involved in a major traffic accident. My friend was driving a semi (18 wheeler on the interstate). The other person (driving a car) apparently suffered a fatal heart attack, and crossed the median, hitting my friend head on, at full speed. Needless to say, the other guy didn't survive- he'd only been out of the hospital 4 days, and out driving. The semi was totaled. My friend had to have neck surgery, and it's likely he will never be hired to drive again, with the neck & shoulder issues. It's all he's EVER DONE since 18 yrs old. He's now 57. Possibly be disabled. He's in recovery. His wife is beside herself. They have a mortgage to pay, a teenage son to provide for (who will go off to college in 3yrs), and it's looking as though she will be the sole breadwinner. They're going to sue the guy's insurance company, as my friend still has @10 yrs left til full retirement age. Disability or a replacement income is very uncertain at this point. So, if anyone knows if insurance settlements are taxed, it would be helpful. It's going to determine the bottom line settlement they seek. It's been a horrible mess. They deserve to be compensated fairly, just asking if they need to take taxation into consideration?

3 Answers

  • 4 years ago

    they need to discuss with their attorney. settlements in compensation for costs incurred are taxed only if the costs were deducted. settlements for wages lost are taxable to the extent the wages would have been taxable. it is the attorney's job to structure the settlement as advantageously as possible, given the tax laws and state laws involved.

    since he was on the job, he could be on workmen's compensation. note that some of the settlement may, under state law, have to go to repay that. [yes, i know that many OTR drivers are self-employed. you didn't say, tho.]

    Source(s): retired businessman
  • .
    Lv 7
    4 years ago

    If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.

  • Robt
    Lv 7
    4 years ago

    TRY actually asking local educated adults for actual info locally in ur country as it varies greatly.

    Depends entirely on how the settlement agreement was written.

    We don't have a legal clue.

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