Are wrongful death settlements taxable in California? Compensatory damages awarded in California wrongful death settlements are usually not taxable, but additional damages awarded in cases with specific circumstances can be.
A Los Angeles wrongful death lawyer can take you through the complexities of wrongful death settlements, helping you file properly and explaining taxation policies.
Wrongful Death Claims in California
California allows loved ones of victims killed by someone else’s negligent, reckless, or intentional act to seek damages through a wrongful death claim. If your loved one’s death is a criminal act, the killer can face punishment through the criminal justice system.
On the other hand, a wrongful death is a civil suit, and a way for those left behind to get justice for the unnecessary, preventable death of their loved one. Wrongful death settlements offer financial compensation for the various losses families experience from the untimely death. In California, those eligible to file a wrongful death claim include the deceased’s:
- Surviving spouse or domestic partner
- Children
- Grandchildren, if the deceased children have also died
- Other minor children who depended on the deceased for at least half of their financial support
- Others who could inherit from the deceased per California’s laws of succession
For a Free Legal Consultation With a Lawyer Serving Los Angeles, Call (310) 321-4800
Non-Taxable Damages Included in Wrongful Death Settlements in California
Usually, compensatory damages awarded in wrongful death settlements in California are not taxable. The Internal Revenue Service (IRS) imposes taxes on amounts of income received from any source, as stated in the Internal Revenue Service’s Tax Implications of Settlements and Judgements, unless exceptions apply.
The same source establishes one of these exceptions, explaining that taxpayers can “exclude from gross income ‘the amount of any damages (other than punitive damages) received…on account of personal injuries or physical sickness.” Further, “damages received” for injuries or sickness refers to “an amount received…through prosecution of a legal suit or action, or through a settlement agreement…”
Punitive damages, an additional monetary penalty imposed on the offender and paid to victims, are not usually awarded in California wrongful death claims. They may be awarded through a survival action. If so, these damages will likely be taxed. Punitive damages only apply when the at-fault party’s negligence is especially appalling.
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Wrongful Death Claims Vs. Survival Actions
A wrongful death claim is a way for loved ones to pursue compensation for the effects the death of their loved one has on them. Through a survival action, , family members can file a claim on behalf of their loved one’s estate and seek compensation for losses the deceased sustained before dying, if they initially survived the related accident or act of violence and later succumbed to their injuries.
Helping you sort through additional differences between the two claims and filing procedures, and explaining which damages awarded in the respective settlements are taxable, are part of what an experienced wrongful death lawyer can do for you. It is possible to file both a survival action and a wrongful death claim and receive a settlement from each.
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Non-Taxable Compensatory Damages Available through a California Wrongful Death Settlement
The California Civil Jury Instructions VF 3905 detail the compensatory damages potentially available in a California wrongful death settlement. Compensatory damages are split into two categories: economic and non-economic.
Economic Damages
This part of the settlement recovers the financial losses those left behind experience because of their loved one’s death, and accounts for the ongoing effects of those losses. They include recovery of:
- Past and future financial support the deceased would have contributed to the household
- Past and future losses of gifts and benefits that the surviving family would have received from the deceased
- Funeral and burial expenses
- Past and future household services that the deceased would have provided
Your attorney will calculate these losses with precision, and demand and fight for fair compensation.
Non-Economic Damages
This part of the wrongful death settlement accounts for the emotional effects of the loved one’s death, and includes the family’s:
- Loss of love, companionship, comfort, care, assistance, protection, society, and moral support
- Loss of consortium
- Loss of training and guidance
A skilled, compassionate California wrongful death lawyer is best equipped to determine the value of these tremendous losses and will challenge any attempts by the other side to minimize them.
Compensatory Damages for a Survival Action
Survival actions can recoup economic damages the victim suffered from the accident until their death. Damages may include medical expenses or lost wages. If the accident or act of violence caused the victim’s immediate death, a survival action does not apply. If the victim lived for weeks or months, or even years, in some cases, the settlement could be significant.
Per Senate Bill 377.34, the estate may also collect non-economic damages, acknowledging the victim’s pre-death pain and suffering, at least through 2025. The economic and non-economic damages included in a survival action settlement are not taxable.
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Pursuing a Wrongful Death Settlement in California
Whether wrongful death settlements are taxable in California matters only if you secure one. An effective wrongful death lawyer can serve as a definitive guide to wrongful death lawsuits in California and will work diligently to achieve the highest settlement available.
Connect with an attorney quickly, as the California courts impose a two-year statute of limitations for filing a wrongful death claim. An early connection also strengthens opportunities to collect the evidence needed to support the claim. Evidence is more likely to get lost, intentionally or otherwise, the more time passes.
For the best chance of a favorable case outcome and a fair settlement, you need a wrongful death lawyer’s advocacy, experience, and legal knowledge. From filing to resolution, we will stand with you and fight for you.
We Can Help With Your Wrongful Death Settlement in California
The Ryan Law Group is here to help restore financial stability to your home after the wrongful death of a loved one. We will fight for justice through wrongful death and survival action settlements, if applicable.
We will handle all aspects of your claim and let you know what damages included in these settlements are taxable in California.
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