Personal Injury
May 15, 2025
Are Personal Injury Settlements Taxable in Florida?
Danielle Kushel
Attorney
Here’s a scenario: you’ve just won your personal injury settlement, and you’re finally seeing justice after all the pain, stress, and sleepless nights. Then someone drops the dreaded T-word: taxes. Are you about to hand Uncle Sam a chunk of your hard-earned settlement?
The Good News: Most Personal Injury Settlements Aren’t Taxable
Take a deep breath—most of the time, the money you receive from a personal injury settlement is not taxable. That’s because the IRS doesn’t consider compensation for physical injuries or illnesses to be income. In simpler terms: you got hurt, not rich. So, whether you’re being compensated for medical bills, lost wages, or pain and suffering tied to your injury, the government typically doesn’t come knocking for its share.
But Wait—There are Some Strings Attached
Of course, this is the tax code we’re talking about, so there are always exceptions:
1. Punitive Damages: There are like the cherry on top of your settlement, awarded to punish the bad guy. But cherries aren’t free—punitive damages are taxable. Why? Because they’re considered extra, not tied to your actual injury.
2. Emotional Distress: If you’re compensated for emotional distress or mental anguish that didn’t come from a physical injury, that money might be taxable. However, if your emotional distress is tied to your physical injury, you’re in the clear. Emotional wounds tied to physical wounds? Non-taxable. Emotional wounds tied to, say, your neighbor’s terrible karaoke night? Taxable.
3. Interest on Your Settlement: If your case dragged on for so long that interest accrued on the settlement, the IRS sees that as taxable. Apparently, even money you didn’t want to wait for is also fair game.
There are a number of variable involved when determining which portions of a personal injury settlement, if any, are taxable. Therefore, it is advisable to seek the guidance of an experienced accountant and tax attorney to make sure you don’t end up on the IRS’s radar.