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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
Your injury settlement monies are exempt. This means that a creditor can't take it from you by a bank garnishment, and, if you file bankruptcy, it means that you can keep all of it even if your settlement was several thousand dollars. However, there are steps you need to take to receive this protection.
If you receive money from a lawsuit judgment or settlement, you may have to pay taxes on that money. After you collect a settlement, the IRS typically regards that money as income, and taxes it accordingly. However, every rule has exceptions. The IRS does not tax award settlements for personal injury cases.
Neither the federal government (the IRS), nor your state, can tax you on the settlement or verdict proceeds in most personal injury claims. Federal tax law, for one, excludes damages received as a result of personal physical injuries or physical sickness from a taxpayer's gross income.
Protecting a Workers' Compensation Settlement In most cases, workers' comp settlements are exempt from garnishment as are other settlement types. Debt collectors cannot garnish them, except certain government agencies.
In general, the IRS cannot accept a settlement offer if the taxpayer can afford to pay what they owe. When applying for a settlement offer, taxpayers may need to make an initial payment. The IRS will apply submitted payments to reduce taxes owed. The IRS has an Offer in Compromise Pre-qualified tool on IRS.gov.
Taxes on Personal Injury Awards If you sue someone for causing you personal physical injury or physical sickness, any damages or settlement you receive to compensate you for your medical expenses, lost wages, and pain, suffering, and emotional distress is not included in income. The money you receive isn't taxed.
Garnishing Accident Settlement Payments With few exceptions, any regular income received by a parent can be garnished for child support. Accident settlements that are paid out periodically can generally be garnished for child support in those states that count them as income.
One expense some claimants have to consider is child support. You can still receive a personal injury settlement or Social Security disability benefits even if you owe child support. However, the amount you owe in child support may affect the amount of money you personally receive from your settlement or benefits.
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