July 2, 2024

Do I have to pay taxes on my settlement?

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Are Personal Injury Settlements or Awards Taxable in Texas?

In the majority of cases, the answer to this question is no.  However, when you receive a personal injury settlement or award, understanding the tax implications is crucial. Both the state of Texas and the federal government have specific rules regarding the taxation of such compensation.  We have included some information to get you started below.  At The Low Law Firm in Abilene, Texas we believe it is imperative that you seek guidance from a tax professional when you receive a settlement or award so that you are in compliance with both state and federal guidelines.

Federal Tax Implications

Generally, under federal law, personal injury settlements or awards are not taxable if they are compensatory. Compensatory damages are intended to compensate you for physical injuries or physical sickness. This includes:

  • Medical expenses
  • Pain and suffering (related to physical injury)
  • Emotional distress (if it originates from a physical injury)

However, there are some exceptions:

  1. Punitive Damages: These are meant to punish the wrongdoer and deter future misconduct. Punitive damages are taxable.
  2. Interest on Awards: Any interest that accrues on a personal injury award is taxable.
  3. Emotional Distress: If the emotional distress is not related to a physical injury, any compensation received for it is taxable.
  4. Lost Wages: Can be taxed at the federal level.

State Tax Implications in Texas

Texas does not impose a state income tax, which means there are no additional state tax implications for personal injury settlements or awards. However, it’s essential to ensure compliance with federal tax requirements, as those are applicable regardless of state residency.

Exceptions to the General Rule

As mentioned, not all components of a personal injury settlement are tax-free. Let’s break down the exceptions:

  • Punitive Damages: Always taxable at the federal level.
  • Interest on Awards: Taxable at the federal level.
  • Emotional Distress Damages (Unrelated to Physical Injury): Taxable at the federal level.
  • Lost Wages: Can be taxable at the federal level.

For a very good guide from the IRS itself, we suggest reviewing this publication. This answers many questions related to settlements and taxes, but we also want to stress the importance of consulting a tax professional in the even you receive a settlement or award for personal injury.

FAQs

1. Are medical expenses awarded in a personal injury case taxable?

  • No, if the expenses were not previously deducted for tax purposes.

2. Are punitive damages awarded in a personal injury case taxable?

  • Yes, punitive damages are taxable at the federal level.

3. Is compensation for emotional distress taxable?

  • Yes, if the emotional distress is not related to a physical injury, it is taxable.

4. Are lost wages included in a personal injury settlement taxable?

  • Lost wages can be taxable.  It will be best to discuss these implications with a tax professional in the event of an award for loss of income.

5. Do I need to pay taxes on the interest accrued on my personal injury award?

  • Yes, interest on awards is taxable.

Consult a Tax Professional

Tax laws can be complex, and the specifics of your case may affect how your settlement or award is treated. Always consult a tax professional to ensure you are compliant with all applicable tax laws and to get advice tailored to your specific situation. A tax professional can help you understand your obligations and potentially save you money by ensuring you take advantage of all available exemptions and deductions.


Personal injury settlements and awards have specific tax rules that can impact your financial outcome significantly. Understanding these rules helps you prepare and make informed decisions. While compensatory damages for physical injuries are typically tax-free, other components such as punitive damages and interest are taxable. Given the complexities involved, consulting a tax professional is the best course of action to ensure compliance and optimize your financial well-being.  If you have been injured and need a firm to guide you through the process, The Low Law Firm in Abilene, Texas handles all types of personal injury claims.  Call us for a free consultation! (325) 455-1889