Taxes on Personal Injury Awards

Published by

Samer Habbas, Esq

If you’ve been awarded money as a result of a lawsuit or legal settlement, a Riverside personal injury attorney can advise you about the related tax issues. Whether you must pay taxes depends on your case and why you received payment.

Personal Injury Lawsuits

If you receive money to compensate you for a personal physical injury or sickness, that money is not considered income. The money you receive is not taxable, whether you receive the money as a lump sum or in installments. However, if you receive money for punitive damages, for example if the defendant intentionally or recklessly injured you, that money is considered taxable.

Non-Personal Injury Lawsuits

If you receive an award in a non-personal injury lawsuit, such as an employment dispute, the money is considered income and is taxable. The following items count as ordinary income and are taxable:

Payments for lost wages or lost profits
Interest on an award
Punitive damages
Amounts received in settlement of pension rights
Damages for intellectual property infringement
Damages for breach of contract
Damages for interference with business relationships
Damages for libel or slander
Back pay and damages for emotional distress for claims in an employment discrimination or wrongful termination case
Attorney’s fees and costs (including contingent fees) where the underlying recovery is included in gross income. However, note that you may be able to deduct this as a business expense.

Damages for Emotional Distress

If you receive an award for emotional distress arising from a personal injury, the award is considered part of the personal injury and is generally not taxable. Examples of emotional distress include headaches, insomnia, and stomach disorders.
Damages for emotional distress are considered taxable income if the emotional distress did not arise from physical injury or sickness, but arose from something like employment discrimination. However, the taxable portion of the damages may be reduced by the amount of medical expenses paid to treat the emotional distress.

Contact Us

If you have suffered a personal injury, call the Law Offices of Samer Habbas & Associates Inc. P.C. at (888) 848-5084 for assistance with your injury claim.

Samer Habbas, Esq

Samer Habbas is a California attorney with over 18 years of experience in personal injury law. Throughout his career, he has successfully recovered over $300 million for his clients, solidifying his reputation as a leading advocate in the field. Samer swiftly gained recognition for his adept negotiation skills and unwavering dedication to his clients. His practice spans a wide range of personal injury cases, including car accidents, dog bites, funeral home abuse, premises liability, and wrongful death. Samer is known for his compassionate approach and commitment to securing favorable outcomes for his clients. His expertise has earned him the trust and respect of both his clients and his peers within the legal community. He is also deeply invested in giving back to his community. He actively participates in pro bono work and volunteers his time to various charitable organizations. Samer is a champion for those who have been wronged, leveraging his extensive experience and expertise to make a meaningful difference in the lives of his clients and his community.