As A General Rule, The Government Will Not Tax A Personal Injury Settlement

Have you been awarded a settlement in a personal injury lawsuit for your severe car accident injuries? Now that you have your money, you may be wondering are personal injury settlements taxable? The last thing you need is to get in trouble with the IRS because you missed a necessary tax payment.

Most personal injury proceeds are not taxable either under state or federal law. It also doesn’t matter if you settled before filing the lawsuit or after, the settlement is still probably not taxable. It also doesn’t matter if the award was decided between the two parties and their attornies or awarded by a jury or judicial decision following a trial.

The general rule when it comes to personal injury settlements is that the Federal government will not tax any damages that were received because of physical sickness or personal physical injuries. These are not included in the gross income of a taxpayer.

The reason for this is that personal injury damages are considered as compensation for such things as pain and suffering, emotional distress, medical bills, lost wages, attorney fees, and loss of consortium. These monies are not to be taxed as long as they are compensating for a physical sickness or personal injury.

A physical sickness is defined as one that occurred because of the negligence of another. For example, if a person is exposed to something that made them sick, damages recovered would not be taxable.

There are some exceptions to this general rule. If you receive damages that were a result of an injury caused by a breach of contract, they may be taxable if the breach of contract is why you filed a lawsuit.

If you receive punitive damages, they will be taxable. Your attorney should always ask the jury or the judge to separate any damages into punitive and compensatory awards. This means you can prove to the IRS that part of your award is not taxable.

If you have received a tax benefit on anything that relates to this case, your new settlement may be taxable. A good example is if you take a deduction for your out-of-pocket medical costs on your tax return, the monies awarded as part of the personal injury settlement for these costs will be taxable.

For the most part, any monies you receive as part of a personal injury settlement will not be taxed. It is best to check with your accountant or your lawyer to determine if you need to pay taxes on any of the monies you receive.

The Common Causes Of Most Pedestrian Accidents

When a pedestrian is involved in an accident, sometimes it is not the fault of the person. They can be struck by a person driving that is not paying attention, perhaps checking their text messages or emails on their phone. They may also strike a pedestrian unknowingly, caused by a distraction from another driver, or glare on their windshield. Not all accidents are preventable, but there are many that occur due to the negligence of both the driver and also the pedestrian. Let’s look at the most common causes for most pedestrian accidents and what can be done to prevent them. We will also look at what a pedestrian can do in order to sue to receive a settlement for injuries sustained.

The Most Common Reasons Pedestrians Are Struck By Vehicles

Most pedestrians are struck by vehicles in the city, specifically on curbs and in crosswalks. A driver that is not paying attention to who is in the crosswalk, or who is running a red light, can strike and injure a person. It is becoming more common for drivers to text while driving, contributing to thousands of additional accidents like this every year. They may also be speeding, driving under the influence, or simply not paying attention to their surroundings when suddenly they have hit a pedestrian. Conversely, pedestrians can be at fault because they are staring at their cell phone, perhaps talking or even playing a game. Smartphones and tablet computers have literally made us more oblivious to our outer surroundings, and this can be very dangerous when you are walking so close to traffic.

How To Get Compensation If You Are Hit By A Driver.

If you are hit by a driver, and it is not your fault, you can always find some way to sue for a settlement. There are lawyers that specialize in pedestrian accidents, and they will be more than willing to hear your case. If you were not at fault, and you are struck by a drunk driver, someone speeding, or texting on their phone, this is something they can help you with right away. You will need to compare the different attorneys that provide this service, and once you do, you will know exactly who to choose to file a lawsuit on your behalf in order to get compensation.

The easiest way to find the best attorney or law firm that can represent pedestrians is to simply search for pedestrian lawyers in your area. Look at the reviews they have received, set appointments with multiple attorneys, and choose one that you believe will provide you with the best representation for your case.

Can You File A Lawsuit If Injured By An Exploding E-Cigarette?

One of the most popular trends in the tobacco industry is the use of electronic cigarettes. They have made it possible for many people to quit smoking, and they are very easy to use. This technology uses batteries which are rechargeable, something that can be done with an outlet or they can plug into your computer. However, some of them have been known to explode, and when this happens, it can cause substantial damage to the person that is using this product. Some people have sustained significant burns because the explosions have happened while using the device, or even while it is in their pocket. If this has happened to you, you might wonder if you could file a lawsuit if you are ever injured by an exploding e- cigarette, it’s not like something serious such as a motorcycle accident, so do I even have rights?

Can You File A Lawsuit For This?

If you have sustained significant damage, or even minor injuries, from an exploding electronic cigarette, you do have legal recourse. In fact, multiple lawsuits have been filed in some of the largest states including New York, California, and Florida. People have reported that the device exploded, causing burns, dental damage, and a multitude of other problems. Some of the biggest lawsuits were against companies like Kangertech, IPV and Sigelei. The reason that they explode has to do with a problem with the charging mechanism of the lithium-ion battery, something very similar to all of the problems that iPhone and Samsung users have had with these rechargeable batteries in their devices. You can file a lawsuit by contacting one of the many lawyers that are representing the hundreds of people that have experienced this problem.

What Information Will They Need From You?

They are going to need pictures of the actual device that exploded. Pictures should also include the damage that was done to you. You should go to a doctor, which is something that you would automatically do after you are injured, and get the final medical report which can be used as evidence. Once you have all of this, you will then contact an attorney that has represented other people before. They can look at your case, and based upon the evidence that you present, they can start the legal process of suing the company that manufactured the product in order to help pay for your pain, suffering, and damages caused by your electronic cigarette.

A Look At Some Of The Common Injuries From Car Accidents

One of the most common sources of injuries and even deaths are car accidents. In 2012, there were over 5.6 million car accidents in the United States and a reported 1.6 million of these resulted in injuries. Cars are necessary for daily life since they allow you to travel from one point to another in a relatively short space of time. However, as you can see, they are quite dangerous and can lead to a wide range of injuries. So, we will now take a closer look at the different types of possible injuries.

Head injuries are one of the more common and serious injuries that can occur during an accident. These injuries typically occur when there is a high speed collision and the passengers or driver, hit their heads on the dashboard, steering wheel or windows. Some common issues that occur due to this type of trauma include skull fractures, concussions, hearing loss, vision loss and you can even go into a coma and suffer from permanent brain damage or cognitive problems.

Back injuries are also common and if there is damage to the spinal cord, this can lead to nerve damage. Some people may experience a reduction of feeling in their arms, legs, feet and other parts of their body as well as a loss of movement. Serious spinal injury can lead to permanent paralysis which is life altering. Herniated discs are another common back injury that will take a significant amount of time to heal.

Neck and chest injuries are also very common. Whiplash can occur which is when there is a very sudden movement of the head and neck. The severity of the whiplash would depend on the impact of the collision as well as the general health and muscular strength of that person. General neck pain and swelling is also common and some people even experience temporary vocal cord paralysis.

Blunt force trauma in accidents can cause chest issues such as collapsed lungs and broken ribs. If you have pre-existing heart problems, you might go into cardiac arrest and even suffer from a heart attack. There is also the possibility of damage to the internal organs, pelvis and abdomen.

In closing, car accidents can cause some very severe injuries and if you or someone you care about has been involved in one, you should think about seeking the advice of an attorney. They will evaluate your case and injuries and help determine whether you are owed money to cover the costs caused by the injuries.

Who Is Liable For Bed Bug Injuries At A Hotel?

If you have been to a hotel, one that was infested with bedbugs that caused you to be severely bitten, you might wonder what recourse you have as a result of these injuries. Bedbugs actually feed off of the blood of a host, and while you are sleeping at night, they will literally drilled into your skin. You may wake up with lines of bumps that will become extremely itchy, something that can be both irritating and an inconvenience. You may wonder what you can do in order to rectify the situation if you would like to contact the hotel. Here is a brief overview of who is liable for bed bug injuries at a hotel, especially if you are the victim.

Can You Sue For Bed Bug Bites?

From a basic perspective, every hotel owner, and the managers are responsible for providing patrons of their hotel with a safe place to sleep. However, it is becoming more common for people to experience bedbug bites after staying at even some of the most expensive hotels in the nation. There are laws that exist, especially over the last few years, as this problem continues to get worse. They are designed to protect the rights of those that will stay at these hotels, especially from bedbug infestations. Under these laws, similar to how you can sue a business if you slip and fall, you can also sue a hotel for bed bug bites. Personal injury lawsuits can be filed by a lawyer, specifically addressing the hotel as the liable party which will include the owner of the hotel, managers, insurance carriers and even the staff.

How Do You Proceed With This Type Of Lawsuit?

You can proceed with this lawsuit by first gathering evidence which will include pictures of the bedbugs that are in the bed, mattress, and even on the carpeting and furniture. You need to take pictures of the bite marks that you have, and then ask the manager of the hotel to send a representative of their company to notate the issue. They will then need to provide you with a report of what has happened, officially stamped and signed by whoever is in charge of the hotel at that time. You will then seek medical attention, especially because you can end up with viral and bacterial infections, as well as permanent scarring. Finally, contact the local health department, asking for the health and sanitation department, telling them to visit the site. Once you have done that, you will then need that report which they will file to pursue your lawsuit.

Your lawsuit can then move forward, allowing you to sue for all medical and emergency room expenses if any, and any future cost of medical care that you will need. You can also sue for pain-and-suffering, posttraumatic stress, and recovery time in the form of lost wages that they must reimburse you for. In short, the hotel is liable, along with all of their employees and the insurance provider when you file your bedbug lawsuit.

What Happens If The Driver Who Hit You Has No Insurance?

If you are driving, and another driver hit you, this could be either an easy or a problematic situation. If they have insurance, you can trade information, and your insurance company will start working with their insurance company to get your car fixed. However, there will always be times when you are struck by another driver that does not have any insurance at all. When you are faced with this situation, you may wonder what you can do in order to not only get money from this other driver but also get your car repaired as quickly as possible. Here are the steps that you need to take if you are actually hit by another driver that does not have any type of car insurance.

Have A Police Report Filed

The first step is to make sure that the police are able to file a report. In that report, if they state that it is the fault of the other driver, this is information that you can use to your advantage. Official police reports will stand up in court, and it’s exactly what your insurance company is looking for. When you have a legal document which can provide them with evidence that the driver that hit you should pay for the damages because of their negligence, this is the first step of the process. If they do not have insurance, you will then need to file what is called a claim under uninsured motorist coverage.

What Is Uninsured Motorist Coverage?

This is something that you ought to be paying for with your own car insurance just in case this ever happens. It is a way of getting your vehicle repaired when the other person does not have insurance. If you do not have this particular policy, you can still file the claim, but this means your insurance rates are going to go up. You will have to pay the deductible, and then they can start the process of sending you the money so that you can have your car repaired.

File A Lawsuit Against The Other Driver

This is a very tricky situation, depending upon the amount of damage that was done. Sometimes it’s not even worth it. For example, if there is $1000 in damage that has been done, and you have to pay an attorney $300 an hour to prepare documents, and even more to represent you in court, you could end up paying more for the legal help then you would actually get back once the lawsuit is completed. Of course, you can ask for your attorney fees to be paid, but if you are suing somebody that virtually has no assets, the odds of getting any money at all is very slim. This is something you will have to discuss with your lawyer and based upon their assessment you can file or choose to simply deal with the fact that the other party was not insured.

What Are Your Rights Once You Have Been Injured By A Drunk Driver?

Drunk driving is a criminal offense in the United States. In fact, if the drunk driver is apprehended, they will be charged with driving while intoxicated (DWI) or driving under the influence (DUI). These criminal charges would be taken up separately from any civil charges filed against the driver. That means even if the driver is not convicted of any criminal charges, your personal injury lawyer can hold them liable for your injuries.

If you have been injured due to the actions of a drunk driver, their insurance company might contact you and offer a settlement. This settlement will compensate for your losses that include medical expenses, property damages, and lost wages, etc. In fact, you are not obligated to accept such an offer. The best thing is to consult an auto accident lawyer immediately. A professional auto accident lawyer will advise you whether or not to accept such an offer. They will inform you if the offered settlement is unjustly low. That is why it is important that you shouldn’t sign any insurance papers until you discuss the matter with a qualified and experienced auto accident lawyer.

If the settlement offered by the insurance company is too low, you have the right to file a civil lawsuit against the drunk driver. Your accident attorney has the right to name other defendants depending on the situation. Even if you have been hit by a drunk driver who doesn’t have adequate insurance or no insurance at all, you have the right to file a case against such a driver. Your injury lawyer will file a claim against a third party defendant or your insurance provider for compensation.

That’s why it is important that you consult a reliable auto accident attorney on the market. With a host of such lawyers out there, finding the right one is not easy. That’s where your extensive research becomes important. Check the reputation, experience, specialization, customer reviews, and fees of the candidate when choosing the best auto accident lawyer for your case.

In conclusion, drunk driving is a criminal offense in the United States. According to the Center for Disease Control and Prevention, every day, more than 28 people die in the US due to a drunk driving related accident.

Most Common Construction Zone Workplace Accidents

One of the most dangerous occupations that you can be in is the construction industry. It is a profession that can lead to many potential accidents. Although OSHA does its best to enforce safety and health regulations, there is no way that they can control what will occur. Many accidents are the result of negligence on the part of the owner of the company in charge of the construction project, whereas other incidents are simply part of the job. Things can happen that can lead to both small and large injuries, and even death, because of how dangerous the construction industry is.

What Are Common Causes Of Construction Accidents

Some of the most common accidents include falling from heights as a result of being on a scaffolding, a roof, or even a ladder. You can also be struck by objects that are being propelled, or that are falling from a greater height than the worker is currently at. It is possible to get stuck between materials or objects, and electrocution is also a possibility. Slip and fall accidents are also common, especially when working in conditions where precipitation is occurring. Collapsing excavation walls, and being injured with power tools are all potential reasons that construction workers can be injured.

How Can A Construction Worker Get Compensation For These Accidents?

Compensation can come in many forms. For example, if a worker has been injured, they typically file a Workmen’s Comp claim, allowing them to recover from their injuries and have all of their medical expenses paid. They will also be provided with money while they are unable to work, and this can be very expensive for a business. Sometimes employers will find a way to remove employees that are consistently getting injured. It is also possible that the injuries could be significant, causing permanent damage, forcing the employee to file a lawsuit for what has happened.

It is possible for construction workers to receive very large settlements for injuries they have sustained while working at a construction site. These cases are actually very easy to win if it can be shown that the employer was using unsafe strategies that led to the incident that caused the injury. Negligence of safety rules, or forgetting to do safety inspections, can also be in the favor of the injured construction worker. By contacting an attorney that works specifically with construction workers, it is possible that they may be able to get some type of compensation for the injuries they have sustained.

Is Spanking Considered To Be Child Abuse?

Spanking has been hotly debated by both parents and experts over the years. Some say that spanking is child abuse; others say that spanking is an effective form of discipline. Here’s what you need to know about the legality of spanking.

Is Spanking Illegal?

In the United States, it is legal to use mild physical force when disciplining a child. None of the 50 states have laws that expressly forbid spanking. However, many states have laws that restrict what a parent can and can’t do.

In Delaware, for example, Senate Bill 234 restricts parents from using discipline that causes physical pain to children. A light smack on the bottom should be fine, but hitting a child with more force may not be. Many other states restrict who is allowed to spank a child. In states like Mississippi, Arizona, and Pennsylvania, only parents or guardians are permitted to spank a child.

When Does Spanking Become Abusive?

In the majority of states, spanking is considered to be child abuse when excessive force is used. If a child is being bruised because of spankings, or if the child is being hit with an object, the spanking could be classified as abusive.

Most states frown on any type of spanking that causes injury to the child. Some states, like Arkansas, only permit spanking when it is done with an open palm. If you intend to spank your child, you need to be familiar with the laws in your state.

What Do The Experts Say?

Experts have conflicting opinions on spanking. While most child care experts do not classify mild spanking as abuse, few have found that spanking has a positive effect on children. Studies have shown that children that are spanked are more likely to defy their parents and develop anti-social behavior.

With that said, it is ultimately up to parents to decide the best way to discipline their children. It’s a good idea for parents to read up on the effects of spanking. Parents can decide how they would like to handle the discipline of their child.

Unless an excessive amount of force is used, spanking a child is not considered to be abusive. Parents are permitted to use a reasonable amount of force when they are disciplining their children.

However, spanking isn’t something that parents should take lightly. Every adult that intends to spank their child should be familiar with the laws in their state by consulting with a personal injury lawyer. Parents should make sure that their discipline techniques never cross the line.

More information about this was addressed in a TED talk:

What Really Is Product Liability?

Defective products cause thousands of injuries in the United States every year. That is where product liability laws come in handy. In fact, this field of law determines who should be responsible for defective products on the market. Such rules are quite different to ordinary injury laws. This makes it easier for the injured consumer to seek redress for the injuries caused due to defective products.

The manufacturer or seller is usually liable for selling a defective product to the final consumer. The responsibility lies with the sellers and manufacturers of the product. In fact, the law requires that a certain product meets the ordinary expectations of the consumer. A defective or dangerous product doesn’t fall into the category of meeting the ordinary expectations of the consumer.

Product liability claims are usually based on state laws, and there aren’t any federal liability laws. For a product liability claim to arise, the product needs to be sold in the marketplace at some point in time. In the past, a contractual relationship had to be established between the consumer and the supplier in order to file a claim for the defective product. That requirement no longer exists. In fact, the injured person doesn’t have to be the purchaser of the product. Any person who could have been injured by the defective product can file a claim. But the particular product should have been sold to someone in the first place. Liability of a defective product can rest with any party of the supply chain such as the manufacturer, the manufacturer of certain components required for the product, a third-party that installs or assembles the product, the wholesaler, or the retailer that sells the product to the final consumer.

For product liability to apply, the sale should take effect in the regular course of the retailer’s business. Hence, if you buy a defective product from a garage sale, you may not be able to claim for liability. There are three types of defects that an individual could file a claim for – such as design defects, manufacturing defects, and marketing defects.

If you are faced with defective product injury, you need to consult the right attorney to present your case. It will help you claim for such injuries.