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Personal Injury Insights Feb. 28, 2023

Are Personal Injury Lawsuit Settlements Taxable in Texas?

Personal injury lawsuits can result in substantial settlements or awards for the injured party. However, one question that often arises is whether the settlement or award is taxable. This is an important question to consider, as it can significantly impact the amount of money you receive after a settlement or award.

In Texas, personal injury settlements or awards may or may not be taxable, depending on the circumstances.

Taxability of Personal Injury Lawsuit Settlements in Texas

In general, personal injury settlements or awards are not taxable in Texas. This means that you do not have to pay federal or state income taxes on the amount of money you receive as a result of a personal injury lawsuit settlement or award. However, there are some exceptions to this rule that you should be aware of.

Exceptions to the Taxability Rule

Compensation for Lost Wages: 

If you received compensation for lost wages, that portion of your settlement or award is taxable. This is because lost wages are considered income and are therefore subject to federal and state income taxes. If your settlement or award included compensation for lost wages, your attorney should have allocated that portion separately from other damages, such as medical expenses or pain and suffering.

Tax Deductions for Medical Expenses: 

If you took a tax deduction for medical expenses related to your injury in a prior year and then received a settlement or award that included compensation for those same expenses, you may have to pay taxes on that portion of the settlement or award. This is known as the "tax benefit rule" and it applies when you receive a settlement or award for expenses that you previously deducted on your tax return.

Punitive Damages: 

If you received punitive damages as part of your settlement or award, those damages are taxable in Texas. Punitive damages are awarded to punish the defendant for particularly egregious conduct, and they are not intended to compensate the plaintiff for any specific harm. As a result, they are considered income and are subject to federal and state income taxes.

Do I Have to Pay Taxes on my Texas Personal Injury Award?

The answer to this question is: it depends. As we mentioned earlier, personal injury settlements or awards are generally not taxable in Texas. However, if your settlement or award included compensation for lost wages, a tax deduction for medical expenses, or punitive damages, those portions of your settlement or award may be taxable.

Even if the settlement or award is not taxable, you should consult with a tax professional to ensure that you are complying with all applicable tax laws and regulations. For example, you may still be required to report the settlement or award on your tax return, even if it is not taxable.

Working with a Houston, Texas Personal Injury Law Firm.

In summary, the taxability of personal injury lawsuit settlements in Texas depends on the specific circumstances of your case. While personal injury settlements or awards are generally not taxable in Texas, you may still have to pay taxes on certain portions of your settlement or award, such as compensation for lost wages or punitive damages. It's important to consult with a tax professional to understand your tax obligations and ensure that you are in compliance with all applicable tax laws and regulations.


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Additional Information

If you want to learn more about the taxability of personal injury lawsuit settlements in Texas, you may find the following government links useful:

Texas Comptroller of Public Accounts - Sales and Use Tax: https://comptroller.texas.gov/taxes/sales/

Texas Department of Insurance - Workers' Compensation: https://www.tdi.texas.gov/wc/index.html

Internal Revenue Service (IRS) - Publication

Please note that these links are provided for informational purposes only and should not be construed as legal or tax advice. It's important to consult with a qualified tax or legal professional regarding the tax implications of your specific situation.


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