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Are Personal Injury Settlements Taxable?

Robert Stahle • September 2, 2024
A close up of a keyboard with the keys for accident compensation damages and personal injury claim

When navigating the complexities of a personal injury trial, one important question often arises: are personal injury settlements taxable? Understanding the tax implications of your settlement is crucial, as it can significantly impact your financial outcome.

In this blog, we will explore the general tax treatment of personal injury settlements and the importance of seeking professional guidance to ensure compliance with tax laws.


Federal Tax Treatment of Personal Injury Settlements
Most personal injury settlements are not subject to federal income tax under IRC Section 104(a)(2). This exemption covers compensatory damages for medical bills, lost earnings, and non-economic losses like pain and suffering from a physical injury.

However, punitive damages intended to punish the defendant are taxable. If your settlement includes punitive damages, you must declare that portion as taxable income on your tax return.

State Tax Implications
Federal tax laws are straightforward, but state laws can differ widely. Most states do not tax personal injury settlements, following the same guidelines as federal law. For instance, Washington State exempts these settlements from state income tax. However, it is essential to consult your specific state's tax laws, as some may have different rules regarding the taxation of settlements.

When Are Personal Injury Settlements Taxable?
Knowing when personal injury settlements may be taxable is important because it can impact your finances. That is why, understanding the tax implications helps you plan and avoid surprises from unexpected tax bills related to your settlement. Here are some scenarios where taxation may apply:

Lost Wages
If your settlement includes compensation for lost wages, that amount is taxable since lost income is considered taxable income.

Previously Deducted Medical Expenses
Any compensation in your settlement may also be taxable if you deducted medical expenses related to your injury in previous tax years. For instance, if you deducted $10,000 in medical costs and later received a settlement that covers this amount, you must report it as income.

Interest on Settlements
Any interest earned on your settlement while awaiting resolution is also taxable. This interest is treated like regular income and must be reported on your tax return.

Get Professional Guidance
Due to the complexities of taxing personal injury settlements, seeking professional help is wise. A tax expert can clarify your situation and ensure you comply with federal and state tax laws.

Understanding the tax implications is essential if you're in a personal injury trial or have recently settled. Contact Fitch & Stahle Law Office for expert legal support. Our experienced team can help you navigate your case, maximize your settlement, and meet all tax obligations. Reach out today to see how we can assist you with your personal injury needs.


By Robert Stahle September 5, 2025
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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.