Tax Consequences for Personal Injury Awards

When a personal injury claim is successful, the award is usually considered compensatory, meaning that it is meant to replace that which has been lost. This may be as reimbursement for actual expenses (medical bills, rehabilitation, doctor’s fees, etc.), damage to property, and loss of income (lost days of work due to temporary disability, incapacity to work due to physical disability, or death). These are economic damages. Most states also allow a claimant to sue for non-economic damages such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment.

Awards for physical injury or illness non-taxable and these include medical expenses, unless these expenses have been reported as deductions in the tax return. Lost wages compensation is also non-taxable, as are awards for emotional distress from the illness or physical injury. However, since most personal injury claims take a while to get to the awards or settlement stage, the court or lawyer may impose interest charges for the delay in the payment. The interest charge will become taxable.

All other types of personal injury awards are taxable. For example, compensation for legal injuries from harassment or wrongful termination is taxed, and so is any award for emotional distress not tied to a physical illness or injury. Punitive damages, that amount deemed to serve as punishment to the wrongdoer, is also taxable, whether it is for a physical or legal injury, unless it is to compensate for a wrongful death where the state allows only such awards to be given.

It should be noted that attorney’s fees are not tax-deductible except for certain cases involving discrimination. Unless properly handled, the legal fees, though on contingency basis, may carve a larger-than-expected portion out of the award. Bring these matters up with the attorney and accountant so that an equitable arrangement can be made prior to filing for a personal injury claim in Danville. 

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Temporary Alimony Dependent on Need, Other Factors

Alimony, or as some call it by the more politically correct term spousal support, in Texas is not a given. There are several types of alimony that may be awarded, and one of them is temporary alimony. It is also known as alimony pendent lite which means “pending suit,” and it is usually awarded while the divorce process is ongoing.

As the term implies, temporary alimony is of limited duration, although the same terms in a temporary alimony award may be used for a longer term after the divorce is final as a rehabilitative or permanent alimony. Temporary alimony is intended to prevent financial hardship for the spouse who has no independent means of support or who may be earning significantly less until such time as the divorce is final. There are no hard and fast rules for the granting of or terms of temporary alimony; it will depend on circumstances presented before the judge. In general, though, spousal support is $2,500 monthly or 20% of the income of the supporting spouse whichever is higher and will not extend beyond 3 years after the divorce has been finalized unless the petitioning spouse is disabled.

Factors that may determine whether temporary alimony will be granted and how much include:

  • Financial situation of the petitioning spouse and supporting spouse
  • Ability and capability of the petitioning spouse to find gainful employment (includes skills, education, age, physical health, role as caregiver)
  • Responsibility of either spouse for the needless loss of community property or incurring of superfluous debt
  • Role of the unemployed spouse in the home
  • Extent of the efforts of petitioning spouse to find gainful employment or training
  • Marital misconduct of the petitioning spouse
  • Child custody

The petitioning spouse has to prove that there is a real need and hardship existing as a result of a divorce petition. Because a typical divorce can take as much as two years to finalize, temporary alimony serves a significant purpose.

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Why Pharmaceutical Errors Are Especially Dangerous

Assuming your doctor finds the correct diagnosis for your condition, he or she will likely prescribe you with some type of medication.

Modern medicine is the culmination of decades complex studies in chemistry and biology. There is no such thing as a “wonder drug” that will work to cure all diseases, and as a matter of fact, using the wrong medication for a condition can have drastic consequences on a patient. This is why it’s essential that doctors and pharmacists communicate effectively.

medical malpracticeWhen an individual is prescribed medication, it is imperative that they receive that kind of medication in the correct dosage. Sadly, it is not incredibly uncommon for doctors or pharmacists to make mistakes that can lead to patients receiving the wrong medication or dosage. These mistakes can be a result of simple negligence, such as a pharmacist putting the wrong pills in a bottle, or a doctor’s illegible handwriting.

Receiving the wrong medications because of a pharmaceutical error can be incredibly dangerous for a person’s well-being. Not only do these errors result in a patient’s condition going untreated, but they can cause unwanted side effects that mask what’s actually happening.

Patients can reduce their chances of falling prey to such errors by asking their doctors and pharmacists questions about their prescriptions. Be sure to know the names, dosages, shape, and color of any drugs a doctor prescribes to you to be sure you are receiving the correct medications.

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Election Polls: Suffering From A Brain Injury

 An injury to the brain can be very dangerous, and could lead to adverse complications that can be life-threatening. Brain damage could be a lifetime issue; with its effects affecting people long after the injury has been treated. When you have suffered brain damage from an accident caused by another person’s recklessness or malice, then they can be held accountable for the injury you have sustained. Getting a compensation for the harm you have received requires the help of reliable and experienced brain injury attorneys who knows how to properly fight your rights in court.

The brain is considered the focal point of the body; its main function is operating the everyday functions of the body. Once this part of the body is injured, the consequences can be damaging and long-term. Depending on the extent of the damage, compensation can be hard to determine, especially when there are guidelines that can be observed concerning monetary payouts for brain damage victims. When you are considering of filing a personal injury claim, talking with your injury attorneys would be most beneficial to ensure you have decided for a fair amount of compensation.

Every year 1.5 million people get some form of brain injury, with people reaching 5.3 million suffering from the effects of brain damage. Fatalities linked to brain injuries account for 50, 000 people, and these numbers are very alarming. Not only is brain injuries a leading cause of death in America, more and more people are enduring brain damages.

Treatment for brain injuries may come in many forms, from speech therapy to alternative therapies like music lessons, or art lessons. An experienced doctor or speech pathologist may be able to suggest the right course of treatment for you.

In order to ease some burdens caused by the brain damage due to your accident, it would be very advantageous to employ the aid of trustworthy brain injury attorneys to represent and support you in your quest for financial compensation. It is important to get the right attorneys for the job to guarantee that you are well represented and guided through the whole process.

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Election Advantage: Driver Errors Committed By Motorists

Each and every motorist has the responsibility to uphold the duty of safe driving while on the road. When a driver neglects this duty, a simple error in judgment can result to devastating accidents which can injure innocent drivers and bystanders. When a vehicular accident has resulted from a drivers’ negligence, then he or she will be held liable for the injuries sustained by people involved in the accident.

Although albeit similar to reckless driving, driver errors are deemed as a passive form of danger; depending on certain situations, some driver errors could lead to legal liability more quickly as compared to other situations. Some of the most common forms of driver errors committed by motorists are:

  1. Failure to follow traffic signals and signs
  2. Over-speeding, driving too slow, and other moving violations
  3. Failure to maintain the car conditions resulting in broken brakes, mirrors, headlights, brake lights and other car parts
  4. Driving while distracted
  5. Road rage
  6. Failure to yield to other drivers

Driver errors are a huge contributor in car accidents, mainly because inconsiderate driving of other people could lead to dangerous situations resulting to road accidents. Medical costs, car repairs, property damages and other considerations may be too much to bear, especially if you are already suffering from the pain of the accident. One way to ease the burden is through a personal injury claim.

If you are considering a personal injury claim, there are certain factors you should first consider, such as state laws, insurance, and other things. Personal injury claims can be complex and time-consuming, so it would best to have personal injury attorney who can help in giving you necessary legal advice as well as represent you in court when needed.  An auto accident attorney would be enough to protect and fight for your right for compensation.

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Snowstorm postpones South Dakota Elections

south dakota stormMany of today’s local elections in South Dakota have been postponed due to a massive snowstorm. The storm has brought severe lightning and thunder as well as rain and winds, making travel in the state perilous. Residents are advised to be aware of the potential for power outages as well.

South Dakota’s Secretary of State, Jason Gant, has reported that polls in at least two dozen cities and school districts will not open today as a result of the inclement weather. The state requested that citizens remain indoors and only people whose work is “essential” were required to report for duty at the state’s Air Force base.

South Dakota has been experiencing dry conditions and wildfires. Local farmers welcome the rain, and hope for more to come.

The state’s polls will reopen next week.

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Election Polls Discuss Wrong Diagnosis

Injuries or ailments caused by medical malpractice can result to a personal injury lawsuit, where you or your loved one can file for a claim against the medical professional responsible for the complications brought about by the mistake in the procedure or diagnosis. Breaking the trust and standard of care on which medical professionals have taken an oath to maintain, a patient can develop serious and even life-threatening complications following a wrong diagnosis. When a wrong diagnosis has caused physical harm or injury to the patient, then it can be a reason for seeking a personal injury lawsuit, and talking with medical malpractice attorneys would be beneficial for your claim.

Wrong diagnosis can have severe implications on the patient, whether it be their physical, psychological or financial state. Generally, there are three types of wrong diagnosis, namely:

  1. The “false-positive” diagnosis where the patient is advised of an “illness” which they do not have, in return develops side-effects or complications from the treatments and/or medical prescriptions they are given.
  2. The “false-negative” diagnosis where the patient is did not notice (or neglected to notice) any symptoms of the disease or ailment which the patient has. This, in turn, causes the disease or ailment to progress and become more severe.
  3. Wrong or mistaken diagnosis occurs when the patient’s symptoms are mistaken for another disease or ailment, and so the patient suffers from the side effects or complications due to the wrong treatment/medical prescriptions given to them.

Personal injury claims caused by a wrong diagnosis can be complicated and intricate. If you or any of your loved ones has been through such a circumstance, it would be very helpful to contact medical malpractice lawyers who can assist you in better understanding your rights. Discussing it with experienced medical malpractice attorneys could guide you on your pursuit for compensation, as well as help determine if your claim is eligible to pursue the claims.

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How An Attorney Can Save You From A DUI Charge

When a person is charged with any type of criminal offense, it is critical that they obtain the services of a qualified legal professional as soon as possible in order to protect themselves against the most damaging possible consequences.

A criminal accusation, whether a simple misdemeanor or a felony offense, can have serious effects on the accused individual’s family, community, and professional life. A good criminal attorney knows this. For this reason, they will always act to do whatever possible to limit your exposure to the criminal penalties that you may face, and ideally to exonerate you completely in order to ensure that your name and reputation remain intact as much as possible.

One serious charge a criminal lawyer can help to defend you against is a DUI. Driving while intoxicated is a serious offense that, in addition to significant fines, often also results in prison sentences, the length of which is dependent on the frequency or seriousness of your offense. Other potential penalties for a first DUI offense may include one to 30 days in jail, a fine of $200 or more, 2 months’ suspension to permanent license revocation, and the need to install an IID (Ignition Interlock Device) in your vehicle. The IID is usually installed on your vehicle’s dashboard. It is a device that is used to detect the driver’s blood alcohol concentration, making it similar to a breathalyzer. If detected alcohol content goes beyond the device’s programmed limit, then your vehicle will automatically fail to start.

Through the expertise of your legal counsel, you can even be saved from losing your license or from facing harsh penalties. This is what makes a criminal attorney truly important in case you are charged with a DUI offense; make sure you trust the right person to save you from a conviction or punishment that you do not deserve.

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Election Advantage Explains Workers’ Compensation

Being injured on the job makes you eligible for workers compensation. These types of compensation enables workers who have been injured while on the job (or to the families in cases of death) some certain amount of compensation. It is different from a personal injury claim, so if you have receive any harm in your workplace you can consult your workers’ compensation attorneys to understand how you can get compensation from your injury.

General workers’ compensation covers for the medical expenses, payment for lost wages due to injury, loss of future earnings, and possible vocational retraining if necessary. In cases of death, the cost of funeral and burial, along with wage-replacement benefits are provided to the family of the deceased employee. Every state has their own set of rules and guidelines regarding workers’ compensation, so it will help to know about state laws in your area to determine the extent of your compensation.

There are certain differences from worker’s compensation and personal injury claims. Personal injury claims can occur once the company refuses to provide compensation from the injury caused in the workplace. The worker can file a lawsuit against the employer. They are also used for coverage for the pain and suffering experienced by the worker, as this type of compensation is not covered by worker’s compensation.

A worker’s compensation following an injury may not be given once certain factors are proven against the worker, such as;

  1. The accident occurred because the worker was intoxicated or under the effects of drugs or illegal medications
  2. If the worker was going against the policies of the company, or otherwise going against the law

Worker’s compensation is mandatory, and so if you have been injured in your workplace then you are very much allowed to have financial support. If you have been denied of such rights, then you should contact reliable workers’ compensation attorneys who can guide you through the process and determine how much compensation you are eligible to get.

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Election Polling Discusses: Defense Against a Murder Case

If you are charged with a crime, regardless of whether it‘s minor or major, the consequences can be serious. Whatever the charge is, you will definitely need a strong defense from a highly competent criminal attorney who fully understands the law and is experienced in trial law.

Since not all criminal attorneys have the same level of expertise and amount of experience, the choice of defense attorney to represent your case is important. Remember that what you need is a strong defense and substantial evidence that will help you earn an acquittal. This is especially true if you are being accused of a major offense, like murder.

Since murder is a serious crime, those who are convicted of murder receive severe punishment. Depending on the degree of the act itself and whether you do or do not have a past record, the punishment for murder can be up to 25 years with a clean record or 30 years to life imprisonment if you have serious past offenses on your record. The worst punishment for murder, of course, is a death sentence. In addition, many of those convicted of murder are ineligible for parole.

A criminal attorney knows and understands the pressure and mental anguish undergone by those accused of murder. He or she also will appreciate the effect the accusation will have on the family and community life of the accused, as well as on his or her job and future life.

Besides the dedication to see to it that you get a fair trial, your criminal lawyer will also make sure that you have a strong case that can merit an acquittal. He or she will dig deep, looking for new evidence and interviewing possible witnesses who can help you in your case.

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