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INCOME TAXATION OF EMOTIONAL DISTRESS IN PERSONAL INJURY ACTIONS

by Thomas D. Begley, Jr., CELA General As a general rule, recoveries in personal injury actions are excluded from federal income tax only if they result from a physical injury or physical sickness. The Internal Revenue Code specifically states that “emotional distress shall not be treated as a physical injury or physical sickness.”[1] Emotional distress…

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SETTLEMENT ALLOCATION IN NEW JERSEY WRONGFUL DEATH CASES

by Thomas D. Begley, Jr., Esquire, CELA When a defendant causes the death of another individual by a wrongful act or negligence, that person shall be liable for damages. There are two components of the claim. One is a Survival Claim, and the other is the Wrongful Death Claim. The Survival Claim is brought by…

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INCOME TAXATION OF CONFIDENTIALITY AGREEMENTS IN PERSONAL INJURY CASES

by Thomas D. Begley, Jr., CELA Frequently, large personal injury settlements contain confidentiality agreements. Unless these agreements are handled properly, they can result in a significant income tax liability to the plaintiff. As a general rule, recoveries in personal injury actions are excluded from federal income tax under §104 of the Internal Revenue Code. However,…

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PERSONAL INJURY SETTLEMENTS – PLAINTIFFS AGE 65 OR OLDER

by Thomas D. Begley, Jr., CELA Many plaintiffs in personal injury actions are receiving means-tested public benefits such as Supplemental Security Income (SSI), Medicaid, Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps), Federally-Assisted Housing, Adoption Assistance, Temporary Assistance for Needy Families (TANF), and Low-Income Home Energy Assistance Program (LIHEAP). These benefits are means-tested. Typically, the…

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