
U.S. federal law does not usually tax mesothelioma settlements and verdicts. They fall under Internal Revenue Service (IRS) exceptions on taxable income. These exceptions apply to money received for personal physical injuries or sicknesses. Most mesothelioma compensation meets this definition.
Parts of a settlement or verdict may be taxable in some cases, but rarely the full amount. State tax law around compensation may differ from federal tax law.
Continue reading to learn when and how mesothelioma lawsuit settlements and verdicts are taxed.
What Lawsuit Settlements Are Tax-Free?
In general, personal injury lawsuits are not taxable. If you develop mesothelioma, you will likely file a lawsuit against parties responsible for your asbestos exposure. Compensation from successful mesothelioma lawsuits is intended to cover various types of costs, including:
- Lost wages and earning potential related to the inability to continue working
- Medical expenses for diagnosis and treatment costs
- Pain, suffering and emotional distress from the illness
Damages awarded to pay these costs aim to address victims’ losses due to their illness or injury. Other damages may also be awarded. Depending on various factors, the plaintiff (victim) may be taxed on applicable portions of compensation.
When Is Personal Injury Compensation Taxable?
Settlements and verdict awards may involve taxable compensation. For instance, portions of an award may be taxed for:
- Compensation for previously deducted medical expenses
- Interest earned on the settlement
- Punitive damages, which intend to punish the defendant (wrongdoer) rather than compensate the victim for losses
As noted earlier, lost wages are not typically taxed. Awards for lost income that would normally be subject to taxation may still be taxable. A mesothelioma lawyer can fully review and explain the terms of a settlement or verdict.
Many factors can influence taxes on lawsuit awards. For instance, the state you filed in may have different laws than others. If you file a mesothelioma lawsuit for wrongful death instead of personal injury, tax laws will differ slightly.
It’s best to work directly with a mesothelioma lawyer to understand your unique situation. They have in-depth knowledge of asbestos laws and can negotiate specific terms for you. For successful lawsuits, they can work to maximize your compensation and minimize your taxes due.