Personal Injury

May 15, 2025

Are Personal Injury Settlements Taxable in Florida?

Danielle Kushel

Attorney

cartoon man carrying a tax load
cartoon man carrying a tax load
cartoon man carrying a tax load
cartoon man carrying a tax load

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Not sure where to begin after your accident? That's OK! We can help. Use the button bellow to fill out a quick form and we'll give you a call

Schedule a Call

Not sure where to begin after your accident? That's OK! We can help. Use the button bellow to fill out a quick form and we'll give you a call

Schedule a Call

Not sure where to begin after your accident? That's OK! We can help. Use the button bellow to fill out a quick form and we'll give you a call

Schedule a Call

Not sure where to begin after your accident? That's OK! We can help. Use the button bellow to fill out a quick form and we'll give you a call

Free Case Review

Were you involved in an accident? Think you might have a case? Contact the team at Kushel Law Group today for a complimentary case review with an attorney

Free Case Review

Were you involved in an accident? Think you might have a case? Contact the team at Kushel Law Group today for a complimentary case review with an attorney

Free Case Review

Were you involved in an accident? Think you might have a case? Contact the team at Kushel Law Group today for a complimentary case review with an attorney

Free Case Review

Were you involved in an accident? Think you might have a case? Contact the team at Kushel Law Group today for a complimentary case review with an 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.

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We're looking forward to fighting for you, your family and your friends. Contact Kushel Today.

Connect with us today and let our team guide you towards a resolution worth celebrating.

Contact Your Next Lawyer

We're looking forward to fighting for you, your family and your friends. Contact Kushel Today.

Connect with us today and let our team guide you towards a resolution worth celebrating.

Contact Your Next Lawyer

We're looking forward to fighting for you, your family and your friends. Contact Kushel Today.

Connect with us today and let our team guide you towards a resolution worth celebrating.

Contact Your Next Lawyer

We're looking forward to fighting for you, your family and your friends. Contact Kushel Today.

Connect with us today and let our team guide you towards a resolution worth celebrating.