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KJL LAW
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1281
Experience:  Attorney at law Office of KJLLAW
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I won 50,000 out of court because the hospital violated my

Customer Question

I won 50,000 out of court because the hospital violated my hips lawssss
I settled out of court with a hospital and won 50000.00 because the violated my hippa laws will I need to pay taxes on this amount?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If this was structured as a personal injury suit for them violating your privacy rights, then any damages or settlement you receive to compensate you for your pain, suffering, and emotional distress is taxable according to the IRS.

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With the exception of amounts paid to treat emotional distress, damages received after August 20, 1996, are excludable under IRC § 104(a)(2) only if received on account of physical injury or physical sickness. Therefore, a taxpayer receiving lawsuit proceeds from a non-physical injury claim cannot exclude any amount for payment to compensate for an intangible emotional distress value.

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Basically any "non-physical" injury award is considered taxable by the IRS since 1996.

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thanks

Barrister

Customer: replied 1 year ago.
if I have to pay taxes I am olso on disabilit do I need to report the aggrement to the Medicare office as well
Expert:  Asad Rahman replied 1 year ago.

Yes they are to be informed of any income that comes in.

Expert:  KJL LAW replied 1 year ago.

To further clarify, is your husband receiving regular social security disability benefits (sometimes called DIB) or low income disability benefits, commonly referred to as s SSI. If he gets SSI, then the settlement will have a direct impact on his SSI cash benefit. It will be treated as an asset in the month received and every month thereafter until spent down. If he gets SSI, you will need specific advice from an accountant.

Also if your husband is receiving a DIB and the settlement is for Worker's Compensation, there is also an off-set provision, which depends on your states law and income, and again you should seek advice of an accountant to review your income and filing requirements. . I hope this helps.

Expert:  KJL LAW replied 1 year ago.
This also applies to you, I mistyped "for your husband." Sorry for any confusion.