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Under 26 U.S. Code § 104(a)(2), compensation that you recover for your medical expenses for your physical injuries is excluded from your gross income and is generally not taxable by the IRS or the State of California.
If the compensation was awarded because of physical injury or illness, the money will not be taxable. Punitive damages are, however, treated differently. If the victim received punitive damages in an injury, the amount awarded as compensatory damages is taxable to the plaintiff.
(2) ?Disbursement of settlement proceeds? means the payment of all proceeds of a transaction by a settlement agent to the persons entitled to receive the proceeds.
The general rule is that lawsuit settlements are taxable, except in cases that involve an actual, physical injury (?observable bodily harm?) or illness that you suffered. In other words: personal injury settlements usually aren't taxable, while other types of settlements usually are.
In Missouri, the statute of limitations for filing a personal injury claim is 5 years (Missouri Code section 516.120). This means that claims must be filed within 5 years of discovering the injury.
In short, any compensation you received for the direct financial, physical and emotional harm you sustained because of your injuries will not be taxed. Anything "extra" or deemed to be over that amount, is taxable as income.
For example, if you make claims for emotional distress, your damages are taxable. If you claim the defendant caused you to become physically sick, those can be tax free. If emotional distress causes you to be physically sick, that is taxable. The order of events and how you describe them matters to the IRS.
There is no legal formula for calculating pain and suffering under Missouri or Kansas law. As a result, pain and suffering is determined by subjective criteria, and the amount you may receive is uncertain and will vary greatly from case to case.