Frequently Asked Questions
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How are the income taxes determined when the punitive damages are included in a settlement amount and not an award?
In order to avoid paying the government more in punitive damage tax than you should, it is critical that the settlement agreement your accident attorney draws up is specific in what dollar amount – if any – is specifically dedicated for punitive damages. Otherwise, the IRS could turn around and make that determination and the amount could be much more than what was actually intended to be punitive damages.
How are taxes determined for the punitive amount of a personal injury award?
The economic and non-economic damages a victim received in a personal injury award are not taxable, however, if punitive damages are awarded, those are taxable under the federal tax code. However, before the tax is determined on that amount, the victim is allowed to deduct the attorney’s fees related to that punitive damage amount first. In the majority of personal injury cases, attorneys work on a contingency basis, meaning they don’t get paid unless they are successful in getting financial compensation for the victim. Typically, the fee is one-third of the amount the victim is awarded.
Is a personal injury award taxable?
According to the federal income code, any damages received for personal physical injury or illness is not to be included in a taxpayer’s gross income, making that settlement or award exempt from federal taxes. Each state in the country also follows this rule. However, punitive damages are not included in this rule and any punitive damages awarded are taxable.
How does a Virginia malpractice attorney prove negligence in a dental malpractice case?
A malpractice attorney, using medical records, photographs, and witness statements, will take the following steps to prove dental malpractice:
- Prove the dental provider owed the patient a duty of care
- Prove the dental provider violated that duty of care
- Prove the patient suffered an injury
- Prove that injury was caused by the dental provider’s negligence
- Prove the patient suffered losses as a result of that injury
What are the most common types of dental malpractice?
- Extraction of the wrong tooth
- Improperly placed bridge, crowns or implants, which can cause pain and infections, as well as issues with chewing
- Dental anesthesia errors
- Injuries, such as errors in root canals
- Failure to diagnosis
Can I sue my dentist for malpractice?
Yes. Just as a patient can sue their medical provider for injury or illness they suffer because of negligence on the part of that provider, a patient who has suffered harm because of negligence on the part of their dentist or dental provider (orthodontist, oral surgeon, periodontist, dental hygienist) may pursue a dental malpractice lawsuit.
What kind of damages can a victim receive for the losses a defective hip replacement device has caused them?
A personal injury attorney can pursue damages on behalf of the victim for financial compensation for additional medical expenses the victim needs for surgery, therapy, and other medical care they require, loss of income from being unable to work during the extended recovery, pain and suffering, permanent disability, and more.
What are some of the medical issues that a defective hip replacement device can cause?
- Additional surgery to replace the defective device
- Debilitating and chronic pain
- Metallosis, a type of blood poisoning caused by the tiny metal particles that shear off the device and enter the patient’s bloodstream
- Reduced mobility
- Tumor-like growths in the hip area
How prevalent are hip replacement device recalls?
Hip replacement devices are used to help improve the quality of life for patients, whoever, many of these devices have actually caused more medical problems due to the number of hip replacement devices that have been recalled, with more than 550 recalls in a ten-year period, affecting thousands and thousands of patients. Currently, the following are on the FDA recall list:
- DePuy ASR Acetabular & Resurfacing System
- Stryker Rejuvenate and ABG II Hip Recall
- Smith & Nephew R3 Acetabular, Modular SMF, Modular Redapt Femoral Hip Systems
- Wright Conserve Plus and Profemur Z Hip Stem
- Zimmer Durom Acetabular Component
How can I get the at-fault party to pay for the plastic surgery procedure needed to reconstruct my injury damage?
In order to receive the financial compensation for reconstructive surgery, it must be determined that the injury needing the procedure was a result of the at-fault party’s negligence and the procedure must be deemed medically necessary by your doctor.