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Tag: physical-injury

  • Negligent Infliction of Emotional Distress: Where Are We Now?

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    In Florida, if you want to sue someone for causing you emotional distress, you need to have also been physically injured by their actions. This is called the “impact rule.” However, there are some exceptions to this rule, such as for defamation, invasion of privacy, and wrongful birth cases. There is also a special rule…

  • Biology Versus Legality: How the Definition of Father Impacts Florida’s Impact Rule

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    If a pregnant woman loses her baby due to an accident in Florida, the law says the parents can’t sue for the baby’s death. They can only sue for the mom’s injuries. The dad might be able to sue for emotional distress, but it depends on if he was married to the mom, saw the…

  • How can a Medicare Set-Aside be financed?

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    A set aside may be financed with a lump sum or structured settlement. The advantage to financing it with a structured settlement is that it typically reduces the amount that has to be set aside substantially. In addition, a structured settlement “rated age” can be used as evidence of reduced life expectancy which also results…

  • Are Car Accident Settlements Taxable?

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    – Insurance settlements for auto injury cases do not increase your net worth, so they are not taxed by the IRS. – Compensation for physical injuries, vehicle repair, and emotional distress from a car accident is non-taxable. – Proceeds for emotional distress or mental anguish from a physical injury are treated the same as proceeds…

  • “Florida’s Top 2018 Law Changes: What You Need to Know”

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    1. The Florida Legislature passed amendments to the corporate income tax, allowing for partial adoption of the Federal Internal Revenue Code and maintaining a corporate income tax rate of 5.5 percent (House Bill 7093). 2. For commercial leases in Florida, the sales tax for commercial rental payments is reduced from 6 percent to 5.7 percent…

  • When Is Money from a Lawsuit or Settlement Tax-Free?

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    – Awards and judgments for personal physical injuries or physical sickness are tax-free under the tax code. – Compensatory awards for emotional distress are not treated as physical injuries and are therefore taxable. – Punitive damages and awards for unlawful discrimination or harassment are also taxable. – A taxpayer received a settlement of over $327,000…

  • Florida Governor Expands Workers’ Compensation for First Responders

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    1. First responders in Florida, including firefighters and police officers, who suffer from PTSD will now be eligible for workers’ compensation benefits starting October 1, 2018. 2. The legislation was pushed for by three Central Florida first responders who were at the Pulse shooting in 2016 and is also a priority for Chief Financial Officer…

  • “How to Get Money Owed from a Criminal Restitution Order in Florida”

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    1. Aggrieved parties named as victims in a criminal Restitution Order have an enforceable right to restitution, similar to a judgment holder. 2. Victims can enforce their right to restitution through the civil collection process, including filing a Civil Restitution Lien on the offender’s property. 3. If a party does not qualify as a victim…