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POST-SETTLEMENT ISSUES IN WRONGFUL DEATH CASES PART 1

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA [Article originally published in The Barrister, March 2020.] [The other parts are here – Part 2, Part 3, Part 4] Once a wrongful death case is resolved, a number of post-settlement issues arise.  These issues include:  (1) allocation between the survival claim and the wrongful death claims, (2) public benefit…

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INCOME TAXATION OF EMOTIONAL DISTRESS CLAIMS

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA Questions frequently arise with respect to the taxation of emotional distress claims.  As a general rule, damages for emotional distress are subject to income tax.  However, a careful analysis can result in the elimination of this tax.   Emotional Distress             Emotional distress has been defined as a highly unpleasant emotional reaction…

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ARE LEGAL FEES IN PERSONAL INJURY RECOVERIES TAX DEDUCTIBLE TO THE PLAINTIFF?

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA [Article originally published in The Barrister, Jan 2020] As a general rule, personal legal fees are not tax deductible, but legal fees in connection with business are deductible.  So, if a client gets divorced, this is personal and the legal fees are non-deductible.  If legal fees are paid in connection…

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A TEN-STEP ANALYSIS TO MINIMIZE THE IMPACT OF A PERSONAL INJURY SETTLEMENT ON A PLAINTIFF RECEIVING PUBLIC BENEFITS

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA             Many public benefits are means-tested and the receipt of a personal injury settlement will frequently disqualify the plaintiff from continuing to receive those public benefits.  There are many public benefits, but the most commons ones are SSI, Medicaid, SSDI, Medicare, Section 8 House, SNAP (Food Stamps), and Veterans Aid…

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