What to Do With Personal Injury Settlement Money
Make the most of your personal injury settlement. Learn how to plan for immediate financial needs, secure long-term growth, and find expert guidance.
Make the most of your personal injury settlement. Learn how to plan for immediate financial needs, secure long-term growth, and find expert guidance.
Receiving a personal injury settlement marks a significant financial turning point. This influx of funds, whether a lump sum or structured payments, presents an opportunity to regain financial stability and plan for the future. Strategic management of these funds is important to ensure they provide compensation and support long-term well-being. A clear financial plan helps navigate immediate needs and establish a secure foundation.
Addressing immediate financial obligations is a primary step upon receiving a personal injury settlement. This includes settling outstanding medical bills, often paid directly from the settlement. Healthcare providers, insurers, or government programs may place “liens” on the settlement for reimbursement. These legal claims must be satisfied before the injured party receives their remaining compensation.
Legal fees are another immediate deduction. Personal injury attorneys work on a contingency fee, with payment as a percentage of the final settlement. This ranges from 33% to 40% of the total recovery, with lower rates for cases settled before trial. These fees, along with other legal expenses like court filings, are subtracted by the attorney before funds are disbursed.
Replacing lost wages is a significant component of a personal injury claim, as injuries can prevent individuals from working. Settlements may include compensation for past and future lost earnings, including missed workdays and reduced earning capacity. Documentation like pay stubs and tax records substantiates these claims. Understand how lost wages are treated for tax purposes, as this can differ from other settlement parts.
Establishing an emergency fund is a financial step once immediate expenses are covered. Experts recommend setting aside three to six months’ worth of living expenses in an accessible savings account. This fund provides a buffer against unexpected costs or future disruptions. It helps reduce the risk of quickly depleting the settlement.
Paying off high-interest debts, such as credit card balances or personal loans, is a priority. Eliminating these debts reduces ongoing interest payments and improves financial health. This action frees up monthly income and provides significant financial relief. Prioritize debts with the highest interest rates to maximize financial benefit.
Understanding the tax treatment of personal injury settlement funds is important, as not all components are subject to federal income tax. Damages received for physical injuries or sickness are non-taxable under Internal Revenue Code Section 104. This includes compensation for medical expenses, pain and suffering, and emotional distress directly related to the physical injury.
Certain parts of a settlement are taxable. Punitive damages, awarded to punish the at-fault party, are considered taxable income. If a settlement includes compensation for lost wages, this portion is taxable, as it replaces income that would have been taxed if earned through employment.
Interest earned on a settlement, even if the underlying settlement is non-taxable, is taxable income. This includes interest accrued while held in escrow or paid out over time as part of a structured settlement. Attorney fees, often paid directly from the settlement, are not deductible by the individual. The gross settlement amount, before attorney fees, may be considered in tax calculations for taxable components.
State tax laws also impact the taxation of personal injury settlements. While many states align with federal rules on non-taxable physical injury damages, some may differ for lost wages or punitive damages. Individuals should consult a tax professional to understand their specific state tax obligations. This ensures compliance and avoids unexpected tax liabilities.
Establishing clear financial goals is a foundational step for managing settlement funds long term. Goals might include planning for retirement, funding education, purchasing a home, or meeting ongoing medical needs. Identifying specific objectives guides investment decisions and ensures the settlement contributes to future financial security.
Investing settlement funds involves understanding diversification and risk tolerance. Diversification, spreading investments across various asset classes, reduces reliance on any single investment’s performance. Risk tolerance dictates the appropriate mix of conservative and growth-oriented investments. Matching investment strategies to personal financial goals and risk appetite is important for sustainable growth.
Common investment vehicles include savings accounts, certificates of deposit (CDs), mutual funds, and exchange-traded funds (ETFs). Savings accounts offer liquidity and security, while CDs provide a fixed interest rate for a set period. Mutual funds and ETFs offer diversification by investing in a basket of stocks, bonds, or other assets. Real estate can also be an investment option, providing potential for appreciation and rental income.
Structured settlements offer periodic payments over an agreed-upon period instead of a lump sum. These payments are tax-free for the portion related to physical injury or sickness and provide a guaranteed income stream. This is beneficial for those with ongoing medical needs or long-term care requirements. Structured settlements prevent rapid depletion of funds, with payment schedules tailored to individual needs.
For beneficiaries receiving government benefits, a Special Needs Trust (SNT) can manage settlement funds. An SNT allows settlement money for supplemental needs without jeopardizing eligibility for programs like Medicaid or Supplemental Security Income (SSI). Trust funds can cover expenses not provided by public benefits, such as medical treatments, therapy, or specialized equipment. The trust must adhere to strict legal requirements.
Seeking expert advice is beneficial when managing a personal injury settlement. Financial advisors, particularly Certified Financial Planners (CFPs), provide guidance on investment strategies, retirement planning, and wealth management. They assist in developing a tailored financial plan that aligns with an individual’s long-term goals and risk tolerance. A CFP’s fiduciary duty means they are legally obligated to act in their client’s best financial interest.
Tax professionals, such as Certified Public Accountants (CPAs) or Enrolled Agents, are essential for navigating tax implications of settlement funds. They determine which portions are taxable and advise on strategies to minimize tax liabilities. This includes understanding how lost wages, punitive damages, and interest income are treated by the IRS and state tax authorities. A tax professional ensures compliance with current tax laws.
Estate planning attorneys may also be consulted, especially for larger settlements or asset protection. These legal professionals help establish trusts, such as Special Needs Trusts, to manage funds for beneficiaries with disabilities or ensure asset distribution upon death. They also advise on strategies to protect the settlement from future creditors or legal claims.
When choosing a financial advisor or tax professional, consider their credentials, experience, and fee structure. Checking professional certifications, like the CFP designation, indicates expertise. Understanding how professionals are compensated, whether through fees, commissions, or a combination, ensures transparency. Engaging experienced professionals helps individuals make informed decisions and achieve financial security.