Personal Injury Attorneys » Car Accident Attorneys » Are Car Accident Insurance Settlements Taxable?

When you have a personal injury case, some important tax liability questions must be considered. With a little bit of planning, you can minimize your tax liability to make the most of your settlement. Our experienced Las Vegas auto accident attorneys are breaking it down for you. Here’s everything you need to know about car accident settlements and taxes.


    Taxes on car accident settlements

    Some car accident insurance settlements are taxable. However, the portion of the settlement compensating you for medical bills, pain and suffering, and property damages is not taxable. However, the car accident insurance settlement is taxable if you recover for lost income.

    Only some portions of a car accident insurance settlement may be taxable depending on how you label and structure your settlement. This is why working with a legal professional before settling your case is crucial.

    How do I reduce car accident settlement taxes?

    You can reduce car accident settlement taxes by structuring your settlement in ways that do not trigger tax liability. For example, if your compensation is for medical bills, it is not taxed. The parties can work to classify the settlement for medical purposes, if possible.

    Also, labeling a settlement as compensation for pain and suffering makes it exempt from taxes because pain and suffering are derivative of physical injuries. Even if you have some tax liability, you can reduce it by structuring payments over several years so that your total taxable income is not high in any one year.

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    What are the taxes on lawsuit settlements?

    The taxes on lawsuit settlements are based on the purpose of the settlement. Some kinds of settlement payments are taxed, while other types of compensation are not.

    When compensation is subject to tax, it is taxed at the standard income tax brackets. If you receive a large lump sum settlement, you might pay a higher tax rate than you’re used to, based on your typical household income. The taxes on lawsuit settlements are the same income tax rates used in other cases except for portions of the settlement that are exempt from tax.


    Car accident insurance settlements that are not taxed

    Here are the kinds of car accident insurance settlements that are not taxed:

    • Emergency medical bills
    • Doctor care
    • Medical devices
    • Prescriptions
    • Surgeries and diagnostic procedures
    • Laboratory work
    • Physical therapy
    • Property damage
    • Pain and suffering compensation

    Car accident insurance settlements that are taxed

    Here are the kinds of car accident insurance settlements that are taxed:

    • Lost wages
    • Lost long-term income
    • Interest
    • Punitive damages

    Are punitive damages subject to income tax?

    Yes, punitive damages are subject to income tax. IRS Publication 4345 states that punitive damages are subject to income tax and may be reported as income. You should report punitive damages as “other income” under U.S. federal tax law. They must be reported on a 1040 tax form, and the recipient must pay taxes as though the payments are income.

    Are property damage settlements taxable?

    No, property damage settlements are not taxable. If you receive a payment for property damage, you do not have to pay taxes on the settlement amount. That’s because you’re being paid for the reduced value of the property. If you were to be taxed on that amount, you would no longer be paid wholly for the entire loss due to the accident. Tax laws recognize it’s only fair not to tax a victim for a property damage settlement.


    Structuring your car accident settlements

    Taxes on car accident settlements vary. It’s essential to be aware of tax liabilities long before you reach a settlement in your car accident case. That’s because the structure of compensation plays a significant role in tax liability.

    There are several details to be aware of regarding tax consequences for a personal injury settlement. For example, in general, compensation for medical bills is not taxed. However, that’s not necessarily the end of the story. If you claim an itemized deduction for medical bills on your taxes, you cannot receive both the benefit of the tax deduction and compensation for your bills. Consulting with an experienced personal injury attorney will help you navigate this often complex settlement process.

    How can an attorney help with car accident settlement taxes?

    Working with a skilled attorney before you settle your car accident claim can help you avoid costly taxes. For example, say you’re paid $100,000 in compensation for lost wages and lost future income. If you accept the payment all at once, your highest tax bracket as a single filer is 24%. That means on a portion of the income; you’ll be paying income tax at a rate of 24%!

    However, say you decide to structure the payments over a period of five years. You receive payments of $20,000 each year for five years. In that case, your highest tax bracket is 12%. By waiting a period of time for your payments, you can save yourself 12% tax on a portion of your settlement.

    Experienced Nevada attorneys to minimize taxes on car accident settlements

    When you work with an experienced attorney, you have an expert to help you with all the details. An attorney not only helps you get the highest dollar amount but also assists you with structuring the settlement so the most compensation stays in your pocket. They will also work with you on collecting your car accident settlement. You can have the peace of mind of knowing you’ve managed your car accident settlement best when working with a Nevada attorney.


    Skilled attorneys for insurance settlement taxes

    Is a car insurance settlement taxable? If you’re wondering how taxes may impact your car accident insurance settlement, you’re already on the right track. Let’s work together to minimize your tax liability. The sooner we’re involved in your case, the sooner we can do everything possible to maximize your compensation. That includes minimizing or eliminating any potential tax liability. Call us today for your free and confidential consultation with a skilled Las Vegas car accident lawyer.

    Call (702) 382-0000 For a Free Consultation

    Adam S. Kutner is a top 100 trial lawyer with 33 years’ experience and expertise that will benefit you

    Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.


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      Adam S. Kutner - Las Vegas Car Accident Lawyer
      Adam S. Kutner

      With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.