Key Takeaways
- Most personal injury settlements for physical injuries and emotional distress are not taxable under federal or state law.
- Portions related to lost wages, future earnings, or punitive damages may be taxable.
- Always consult both your attorney and a tax professional before spending your settlement.
- Connecticut and Massachusetts both follow federal IRS rules on personal injury taxation. bvc.
- Jonathan Perkins Injury Lawyers can help you understand your financial and legal obligations.
If you are involved in an accident, and it is determined to be someone else’s fault, you may recover compensation for your losses and damages. Hiring a qualified New Haven personal injury lawyer is a great first step in this process and will ensure that you get the maximum compensation you are entitled to.
However, after you receive your settlement check, you may wonder – is your settlement taxable?
Personal injury settlements are tax-exempt. These are one of the few types of lawsuits that are not taxed.
Related Article: What Are the Three Types of Damages in a Personal Injury Case?
Schedule a free legal consultation with our personal injury team.
What Does the IRS Say about Taxing Settlements?
After months (or even years) of pursuing your personal injury case, receiving your settlement can feel like a huge relief. However, before planning how to use your settlement funds, it’s important to understand whether any portion of it may be taxable.
The Internal Revenue Service (IRS) generally considers compensation for personal physical injuries as non-taxable income, and both Connecticut and Massachusetts follow this rule.
You will not owe taxes on the portion of your settlement that compensates you for physical harm or emotional suffering caused by your injury. This includes damages for:
- Physical injuries or illness
- Emotional distress resulting from physical injury
- Mental anguish
- Loss of enjoyment of life
- Permanent disfigurement or scarring
Because these payments are meant to “make you whole” rather than provide income, the IRS does not classify them as taxable income, and you do not need to report them on your tax return.
Not-Taxable Settlement Types
Many different types of cases are considered personal injury claims. In most situations, these are not taxable. Examples of these cases include the following:
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- Premises liability cases. This type of case occurs when a property owner or occupier is negligent and leaves hazardous conditions on-site that result in injuries. An example would be an icy walkway that results in a slip and fall injury.
- Dog attacks and bites. Connecticut is a strict liability state, which means that victims can recover damages from the owner of the offending dog.
- Medical malpractice suits. These are based on someone’s physical sickness or illness caused by a medical professional’s negligence.
- Motor vehicle accidents (MVAs). This relates to physical injury, not property damage.
- Wrongful death cases. A wrongful death claim is a type of personal injury lawsuit that is filed on behalf of family members after a wrongful act, defect, or neglect results in the loss of life. In these situations, the court may compensate families for the loss of financial support and the victim’s pain and suffering before death. Compensation can also include coverage for the loss of future inheritance, funeral costs, and medical expenses. These types of compensatory damages are not included as income for the victim’s family; however, as stated above, punitive damages that may be awarded are usually taxable.
- Workplace and construction injuries. Usually, workman’s compensation or workers’ compensation awards won’t be taxable. This is true at the federal and state levels. The tax break provided in these cases includes any award issued to survivors if the worker dies due to their injury or illness.
- Defective medications. An example would be a drug with a side effect that results in significant harm.
- Product liability. An example would be a vehicle with a dangerous flaw.
Related Article: What does a Personal Injury Lawyer Do?
Taxable Settlement Types
While there are several types of non-taxable personal injury settlements you can receive, there are also taxable settlements and exceptions. Knowing these will help you know what to expect if you receive one.
Medical Expenses and Deductions
Medical bills are one of the largest components of most personal injury settlements. These typically include costs for:
- Hospital care and doctor visits
- Surgery and rehabilitation
- Prescription medications
- Mental health counseling
- Physical and occupational therapy
- Medical equipment and assistive devices
⚠️ Tax Tip: If you previously deducted any medical expenses on your tax returns and later receive reimbursement for those same expenses, the reimbursed portion becomes taxable.
Your attorney or tax preparer can help you identify whether this applies to you and how to properly report it.
Some Cases of Emotional Distress
Situations like home intrusions can result in victims experiencing emotional distress. Common symptoms of this type of distress include stomachaches and headaches (to name a few). While these are physical symptoms, they are not visible. This is the factor that makes the damages received for this taxable.
According to the IRS, any settlement awarded for damages that are not visible, which includes those of emotional suffering, will be taxed.
The exception to this is if the emotional distress is connected to a physical injury or sickness. An example would be an MVA that results in multiple broken bones but also causes an anxiety or stress disorder. The disorder will not be taxed because of the physical injury – the broken bones – in this situation.
Medical costs that result from emotional distress of any type will be tax-exempt. This often includes the costs of counseling.
Related Article: What is a Fair Settlement for Pain and Suffering?
Lost Wages and Future Earnings
If part of your settlement covers lost income or diminished earning capacity, the IRS treats this portion as taxable income — because it replaces money you would have earned and paid taxes on.
This means you’ll need to report it as income in the year you receive the settlement check.
⚠️ Example: If your injury prevented you from working for six months, the portion of your settlement covering that missed pay is subject to federal and state income tax in both Connecticut and Massachusetts.
Attorney Fees and Legal Costs
Most personal injury lawyers — including Jonathan Perkins Injury Lawyers — work on a contingency fee basis, meaning you pay nothing upfront and the lawyer receives a percentage of your recovery.
Even though your attorney’s fees are deducted from your payout, the IRS considers the total settlement amount (before fees) when determining your taxable income.
This means if any portion of your settlement is taxable (like lost wages), you must report the gross settlement, not just your net proceeds.
Property Damage and Vehicle Loss
If your accident involved property damage, such as vehicle repairs or replacement, that compensation is usually not taxable — unless the reimbursement exceeds your vehicle’s adjusted value.
For example:
If your car was worth $10,000 and your settlement reimbursed you $12,000, the $2,000 surplus could be taxable as income.
Because this can get complicated, it’s best to consult your personal injury attorney and a tax professional before filing.
Criminal Justice Awards
If you receive a criminal justice award that does not involve any injury, it will be taxable (and considered taxable by the IRS).
An example of this is an armed robber who damages the store of their victim during their crime but does not cause any injuries. In these situations, the store owner may be awarded a settlement to repair their store. These funds are not tax-exempt.
A victim may also receive restitution for the consequences of a crime. In some cases, this includes things like medical costs, damaged property, and lost wages.
However, what many people do not realize is that restitution is not the same thing as damages that are awarded as a part of a civil lawsuit. In fact, a victim can receive restitution and civil suit damages. The restitution that is awarded is usually not taxed.
Example Breakdown: Settlement and Tax Implications
| Type of Compensation | Taxable? | Example |
| Medical Expenses | ❌ No | Hospital and therapy bills |
| Pain & Suffering | ❌ No | Emotional distress tied to injury |
| Lost Wages | ✅ Yes | Missed income during recovery |
| Attorney Fees | ⚠️ Partially | Based on taxable portion of award |
| Property Damage | ❌ No (unless gain) | Vehicle repair reimbursement |
| Punitive Damages | ✅ Yes | Award meant to punish defendant |
Factors That Determine Tax-Exempt vs. Taxable Personal Injury Settlements
In personal injury settlements, there are some exceptions to the tax-exempt rule. It typically determines the type of compensation you receive. For example:
- Damages: You can receive damages for mental anguish and emotional distress, which are awarded tax-free when they are linked to an injury or physical sickness.
- Lost Wages: When you receive payment for your lost wages, they must be claimed as income. This is the case even if the lost wages are due to a personal injury.
- Punitive Damages: These damages are not tax-exempt. This is true even if they are awarded as part of your personal injury settlement.
Related Article: What Makes a Connecticut Personal Injury Case Complex?
How the IRS Sees Taxable Punitive Damages
In a personal injury lawsuit, you can receive compensatory damages for your medical costs, lost wages, and more. The goal of these is to compensate for the financial losses you sustained due to the accident and injuries.
When discussing tax relief, the IRS has drawn a line between awards of compensatory damages and punitive damages. One reason for this is that compensatory damages essentially pay you back for the losses you experienced.
Based on IRS rules and regulations, personal injury victims have experienced a loss that is equal to their compensated gain in the form of damages. This means accident victims are not receiving any net gain, and therefore they do not receive any taxable income.
Unlike compensatory damages that are designed to cover the costs of the accident and your injuries, punitive damages are awarded in personal injury cases where reckless, wanton, or willful behavior occurred that caused your injuries or a loved one’s death.
If you are awarded punitive damages as part of your personal injury settlement, they are being given as a type of punishment for the defendant’s wrongful act. They are not designed to compensate you for anything.
While punitive damages are rare, they may be given in addition to the compensatory damages mentioned above.
In most situations, any punitive damages you receive will be taxed, and compensatory damages will not. However, the IRS has issued warnings that this is not a rule that always applies to personal injury claims. The origin of the claim plays a role in what damages are and are not taxable too. Additionally, if your settlement accrues interest before you receive payment, that interest is also considered taxable income.
Related Article: What Qualifies as a Personal Injury Lawsuit?
Why You Should Talk to a Lawyer and Tax Expert
Every settlement is unique. While some portions are tax-free, others can create unexpected tax obligations. That’s why it’s crucial to work closely with:
- Your Bridgeport, Hartford, or New Haven personal injury attorney, and
- A qualified tax professional
Together, they’ll ensure your finances are handled correctly, helping you avoid IRS penalties or unexpected tax bills later.
Is Your Personal Injury Settlement Taxable?
As you can see, several factors go into determining if your personal injury settlement is taxable. Keep the information here in mind to know if you will have to report and pay taxes on the settlement you receive.
If you need help or information about this or have questions, a CT personal injury lawyer from Jonathan Perkins Injury Lawyers will be happy to help. You can also call the office to schedule a consultation to learn about all your legal rights and options.
Frequently Asked Questions
Is my personal injury settlement taxable in Connecticut or Massachusetts?
Not usually. Compensation for physical injuries, pain and suffering, and medical expenses is tax-exempt under IRS and state law. Portions covering lost wages or punitive damages, however, are taxable.
Do I have to report my settlement to the IRS?
If your settlement includes taxable components — such as lost wages or interest — you must report those portions on your tax return.
Are attorney fees deductible?
Generally, no. The IRS does not allow deductions for legal fees related to personal injury cases considered personal in nature.
Can a lawyer help with my tax questions?
Yes. Your attorney can coordinate with a tax expert to help you understand your obligations and maximize your after-tax recovery.
