Are Personal Injury Settlements Taxable?

Individuals who have been seriously injured in an accident can’t afford to be stuck with a devastating tax penalty after they have already suffered so much in an accident. 

Many injury victims may be hesitant to move forward with a personal injury claim because they worry what tax implications they can expect if they were to win a sum of money in a personal injury settlement. Will their settlement be taxable? Will they have to pay exorbitant fees to the Internal Revenue Service (IRS) if they win their case? 

These are relevant questions, and it only makes sense to prepare yourself for what to expect if you win your case. Below, we go into further details about when you might have to pay taxes on your personal injury settlement and which losses you can be sure you won’t have to pay taxes on if you win your personal injury settlement. 

When You’ll Pay Taxes on Your Personal Injury Settlement

The thought of having to pay taxes on the personal injury settlement you are awarded can be jarring. The last thing you want is to have to set aside a portion of it to give to the IRS. The good news is that you will only be expected to pay taxes on the portion of your injury settlement that is for your lost income and loss of expected future earnings.  

When you work, a portion of your paycheck is taken out to pay your taxes, and the same will be done with your personal injury settlement. You will need to work closely with your accountant to ensure you are required to pay taxes only on this portion of your settlement.

If you set aside this amount as soon as you receive your settlement, you should have no surprises when it comes time to file your taxes the following tax year. You can always discuss this in further detail with your personal injury lawyer or your accountant after you receive your injury settlement. 

Damages That Are Not Considered Taxable Income

You know that only your lost income will be taxed when you receive your injury settlement, but the other losses you are compensated for are not considered taxable income. This includes compensation for the following:

• Diminished quality of life
• Pain and suffering
• Loss of enjoyment of life
• Scarring or disfigurement 
• Medical expenses and equipment
• Emotional distress
• Property damages
• Loss of household services 
• Unexpected child care costs

Meet with a Boston Personal Injury Lawyer

When you are ready to take action against those liable for the injuries you sustained, but aren’t sure where to start, get in touch with an experienced Boston personal injury lawyer at Joel H. Schwartz, PC. You can schedule a free, no-obligation consultation by filling out the quick contact form provided at the bottom of this page or calling our office at 617-742-1170.

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How to Get Approved for Social Security Disability

When you have become disabled due to an accident, medical condition, or some other reason and are unable to continue supporting yourself and your family, you need to take steps to ensure your survival. Fortunately, the Social Security Administration (SSA) is able to provide social security disability benefits to many disabled citizens across the U.S. 

However, obtaining approval for these benefits can prove to be quite a challenge. Below, we go into greater detail about the various steps you should take to get your social security disability (SSD) claim approved. 

Make Sure You Qualify for SSD Benefits

In order to get approved for SSD benefits,  you need to be sure that you are, in fact, eligible for social security benefits. There are two main approval criteria. 

First, you need to have a qualifying disability. The SSA keeps a running list of medical conditions that are automatically considered a qualifying disability. But even if your medical condition is not on this list, you may still be eligible for benefits. If your disability prevents you from finding work in any field or working in any capacity, then you are likely to qualify for SSD.

But that’s not all. You also need to have earned enough work credits. Social security is considered a kind of insurance because every person who earns wages pays into social security in every paycheck. Though each case is different, generally speaking, you will need to have earned a minimum of 40 credits in your lifetime, 20 of which were earned in the last 10 years. 

You can earn a maximum of four work credits per year, and those who are younger will have this taken into consideration when their application is reviewed by the SSA.

Provide the Right Supporting Documentation

SSD benefits can be extremely difficult to obtain, even if you should be entitled to such benefits. It can take claimants years before their claims are approved, especially if their claims were initially denied and they have had to go through several levels of application. 

The best way to ensure that your SSD claim is approved is to provide the SSA with the information they need to approve your claim. Such information might include:

• Medical records
• Work history
• Recent doctor’s note and test results
• Pay stubs
• Information relating to any accident you may have been involved in

These are just a few of the details you will need to provide to the SSA. Your lawyer can help you to gather the appropriate documentation so your claim is strong right from the start. 

Get Help from a Boston Social Security Disability Lawyer

If you have yet to file your SSD claim or if you have already filed and received a denial, contact a qualified Boston social security disability lawyer at Joel H. Schwartz, PC for assistance in obtaining an approval. 

Our firm proudly offers complimentary consultations to disabled individuals across Boston and the entire state of Massachusetts. Take advantage of this opportunity and give our office a call at 617-742-1170 or complete the quick contact form provided below to schedule yours. 

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What to Expect from Your Social Security Benefits During the COVID-19 Pandemic

Social security benefit concerns have been a big discussion in the wake of the novel coronavirus (COVID-19) pandemic. 

People who already receive benefits are wondering whether they can still expect to collect them; those who had existing applications in place are wondering whether their claims are still being processed; and even more people are wondering whether they will be able to obtain social security disability benefits if they have been diagnosed with the Coronavirus. 

We don’t have all the answers when it comes to COVID-19, but we can address some of these questions and concerns. Continue reading to learn more about what you can expect from both your social security benefits and the Social Security Administration (SSA). 

Can You Still Be Approved for and Collect SSDI Benefits?

The SSA is still conducting business as usual with few exceptions. This means that if you are disabled and unable to earn a living, you can still apply, be approved for, and collect social security disability benefits during the coronavirus pandemic. The SSA will also be able to handle appeals and hearings by phone in an effort to help slow or stop the spread of COVID-19. 

If you previously had a hearing scheduled, you can expect the SSA to get in touch with you to schedule a hearing over the phone, which your attorney can also participate in remotely. 

Our office is still working, albeit from home, on our client’s cases. We will be handling all documentation digitally or through the mail. We are here to answer any questions you may have over the phone, as the state has ordered that nonessential businesses close their doors to the public and practice social distancing.

Can You Collect Social Security for a Coronavirus Diagnosis?

Unfortunately, there are still too many unanswered questions about the coronavirus and its impact on individuals in the long run. Social security disability benefits are designed to help people with disabilities who are unable to work in any industry. Many victims of the coronavirus are able to fully recover within two to six weeks. 

But there are many people who also have required the use of ventilators and other extraordinary measures in order to recover from this disease. That impact is still unknown. 

If you were diagnosed with COVID-19 and you will no longer be able to support yourself financially due to permanent effects of the disease, you may be entitled to SSD benefits. You can further discuss your prognosis with our firm to learn more about what options may be available to you. 

Contact a Boston Social Security Disability Lawyer

If you have additional questions about how your SSD benefits will be impacted by the Coronavirus pandemic, or if you have concerns about your existing claim, contact a reputable Boston social security disability lawyer at Joel H. Schwartz, PC. Our firm can be reached by phone at 617-742-1170 or through the convenient contact form at the bottom of this page. 

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Who Can File a Wrongful Death Claim in Massachusetts?

The unexpected loss of a loved one is sure to be devastating. But before you can take action against those responsible for causing their death, you need to know the laws surrounding wrongful death lawsuits in Massachusetts, including who has the right to file the claim. 

Below, we describe in greater detail who can file a Massachusetts wrongful death claim and other laws pertaining to wrongful death lawsuits that you should know before moving forward. 

The Executor or Administrator of the Deceased Can File

In Massachusetts, only the executor or administrator of the decedent’s estate can file a wrongful death claim. This is the individual who is responsible for fulfilling the requirements of the decedent’s will, paying off their remaining debts, and otherwise handling the details of their estate. 

The deceased may have already named this person in their will, but in cases where the decedent did not have a will in place, the courts may appoint an executor to handle the decedent’s estate. This individual will then have the right to file the wrongful death lawsuit, as well. 

In many cases, this individual will be the decedent’s surviving spouse, adult children, or parents, but every family and situation is different, so you will need to speak with your lawyer in order to determine who is legally able to file a wrongful death claim for the death of your loved one. 

Other Massachusetts Wrongful Death Laws to Know

If you do have the right to file a wrongful death lawsuit,  you will only have three years from the date of your family member’s passing to file the claim. This deadline is known as the statute of limitations, and failure to file within this timeframe will mean you have lost the opportunity to get justice for your loved one’s untimely death. 

As you begin the wrongful death claims process, it is important that you are aware of the various types of damages that can be sought after in your lawsuit. Some of the most common financial losses include:

• Funeral and burial expenses
• Medical expenses relating to the decedent’s fatal injuries
• Lost earning capacity of the deceased

But you can be compensated for more than just the financial losses. Other nonmonetary damages that can be sought after in your Massachusetts wrongful death claim include:

• Loss of companionship, comfort, and love
• Loss of society and support
• Loss of guidance and advice
• Loss of household services

You will need to speak with your lawyer in further detail about the losses that may apply in your case and how much the wrongful death lawsuit is worth based on these losses. 

Get Help from a Wrongful Death Lawyer in Massachusetts

To learn more about the wrongful death lawsuit process or for legal help with your claim, reach out to a compassionate Massachusetts wrongful death lawyer at Joel H. Schwartz, PC. When you are ready to schedule a free, no-obligation consultation, you can give us a call at 617-742-1170 or fill out the online contact form provided at the bottom of this page.

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Social Security Disability and SSI: What’s the Difference?

Living with a disability is hard enough on a day-to-day basis, but when your disability prevents you from being able to earn a living, it can be even more of a challenge to figure out how you’ll support yourself and your family. 

Fortunately, there are government programs such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) designed to help individuals with disabilities. 

But, having a disability automatically guarantee benefits from these programs. In fact, there are very specific requirements you’ll need to meet to qualify for benefits. Below, we go into greater detail about when you’ll qualify for SSDI and how to get approved for SSI benefits. Hopefully, you have a better idea of which program could help you. 

Social Security Disability Requirements 

Social security disability benefits are considered to be insured because individuals who are employed contribute a portion of their salary to the SSD fund. In order to be eligible for social security disability benefits, you will need to have earned a certain number of work credits. 

The amount of credits needed will depend on your age, but in most cases, you need to have a minimum of twenty credits over the past ten years. 

You will also need to have a qualifying disability. The Social Security Administration (SSA) maintains a list of disabilities that are eligible for SSDI benefits, but if your condition is not on this list, that doesn’t necessarily mean you aren’t entitled to benefits. 

Your disability simply needs to be severe enough that it prevents you from doing work in any capacity. If you are able to find gainful employment doing some other line of work, it is quite probable that the SSA will deny your SSD claim.

Qualifying for Supplemental Security Income

Supplemental security income (SSI) is quite similar to SSD in terms of the benefits themselves, but qualifying for SSI is much different. 

In order to be eligible for SSI benefits, you don’t have to have a certain number of work credits, but you do need to be considered low income and have a disabling condition. Your medical condition must prevent you from being able to work in any industry, as with SSDI. If the SSA deems you able to work in another capacity, your SSI claim will probably be denied.

Meet with a SSD and SSI Lawyer in Boston

If you believe you qualify for SSDI or SSI benefits, or if you’ve filed a claim that has been denied, get in touch with a respected Boston SSD and SSI Lawyer at Joel H. Schwartz, PC for help with your claim. 

We provide complimentary consultations to disabled individuals across Boston and its surrounding cities. Take advantage of this opportunity by completing the contact form at the bottom of this page or calling 617-742-1170.

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Do I Need a Boston Workers Comp Lawyer?

Nobody expects to go to work and experience an injury. While accidents do happen, your life doesn’t automatically pause. You still have responsibilities to take care of following your work-related accident. When your work-related accident leaves you with multiple damages, such as medical bills and lost wages, you deserve fair compensation.

However, sometimes obtaining workers comp can be a complicated process. Your employer may try to take advantage of you and not provide you with the compensation you deserve for your damages. When you find yourself in this situation, a Boston workers comp lawyer can help you seek compensation for your damages. 

Ways a Boston Workers Comp Lawyer Can Help You

Not all employers are compassion and understanding of work-related injuries. Some employers will even challenge work injury claims and may also attempt to ignore certain damages to avoid paying employees what they deserve. Unfortunately, there are various ways an employer can take advantage of injured employees.

However, no matter your position in the company, you deserve compensation for your workplace accident. With a Boston workers comp attorney, you can prevent your employer from neglecting the benefits you deserve. Your Boston workers comp lawyer can walk you through this process step by step and return your peace of mind. 

A workers comp lawyer can also help you pursue your workers comp benefits even after you’ve been denied. Whether you need to submit the correct documents or the insurer needs specific information from you, a workers comp attorney can help you work to reverse your denial. 

What Workers Compensation Can Cover

Severe losses like amputations and other traumatic injuries usually come with steep price tags. When you find yourself not only suffering from significant physical damage but also medical bills, you may find it hard to recover physically and financially. Multiple aspects of your life could fall into pieces as a result of your work-related accident.

You’re also at risk of experiencing emotional distress because of your circumstances, and this could negatively impact your way of life. You could even turn to harmful vices to cope with your emotional pain and begin a vicious cycle of self-destructive behavior. For this reason, emotional distress is a severe type of damage.

The impact of lost wages is also another form of damage you could find yourself facing following your work-related accident. Not being able to provide for yourself and your family can destroy your family’s way of life. The various plans and goals you may have set for your family could come to a complete stop because of your work-related accident. 

Thankfully, your workers comp could cover all of these potential damages and more. Speaking with a workers comp attorney in Boston can simplify this complicated process and allow you to make decisions that are best for you and your family. 

Consult a Boston Workers Comp Lawyer

Regardless of whether you’ve given weeks, months, or even years to a company, you deserve fair compensation when you’re hurt while doing your job. Reaching out to a Boston workers comp lawyer at Joel H. Schwartz, PC can help you obtain compensation for your damages. 

You can call one of our workers comp attorneys at 617-742-1170. There’s also an online contact form you can fill out at the bottom of this page. 

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How Much Is a Slip-and-Fall Case Worth?

It’s not uncommon for someone who has suffered a serious injury in a slip-and-fall accident to wonder how much they could expect to be awarded if they make the decision to move forward with a personal injury claim. Injury victims want to be sure that their injury settlement is worth the effort, especially if they are still recuperating from injuries. 

If this sounds similar to you situation, you aren’t alone. For this reason, we have provided information below about the various damages you may be able to recover so you can get a better idea of how much your slip-and-fall accident is worth if you choose to bring your case to court.

Financial Losses You Might Endure in a Slip-and-Fall Accident

There are seemingly endless ways your life can be impacted by the injuries you sustained in your slip-and-fall accident. The financial losses, or economic damages, are more than likely the ones that have been most impactful however. 

The good news is that economic damages are easily quantifiable because they already have a monetary figure associated with them. Such losses might include:

• Lost wages
• Diminished earning capacity
• Day care expenses
• Housekeeping costs
• Property damage
• Medical equipment
• Healthcare expenses

Essentially any financial loss you have endured as a result of the slip-and-fall accident can be included in your personal injury claim.

Non-Economic Damages You Could Recover

Many injury victims aren’t aware that they can seek compensation for losses that do not involve money. Non-economic damages are those that have affected you emotionally, physically, and psychologically. 

These losses have no monetary value associated with them and are far more difficult to quantify. A few of the most commonly sought after non-economic damages might include:

• Emotional distress
• Inconvenience
• Loss of enjoyment of life
• Pain and suffering
• Loss of companionship and love
• Scarring
• Disfigurement

Punitive damages could be issued for the injuries you sustained. However, the MA civil courts will issue punitive damages only in cases where the liable party’s actions were abhorrent or egregious in some way, or if they were intentionally trying to cause you harm. 

The courts will issue a punitive damages award if the judge believes that punishing the liable party above and beyond the damages you have endured could prevent similar acts from occurring in the future. 

Contact a Slip-and-Fall Lawyer in MA

Slip-and-fall accidents are far more serious than many people expect. We understand how traumatizing this time in your life must be, and we’re here to help. 

When you are ready to schedule a free, no-obligation claim review with a qualified MA slip-and-fall lawyer at Joel H. Schwartz, PC, you can fill out the quick contact form at the bottom of this page or give our office a call at 617-742-1170.

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