Home Are Personal Injury Settlements Taxable in California?

Are Personal Injury Settlements Taxable in California?

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November 5, 2025Briana Seftel

Most personal injury settlements are NOT taxable in California. But there is a lot of nuance to this.

If you were physically hurt and received a settlement, the IRS and California won’t tax that money. Medical bills, lost wages, pain and suffering from a physical injury? All tax-free.

But punitive damages? Taxable. Interest on your settlement? Taxable. Pure emotional distress claims without physical injury? Also taxable.

The Quick Summary: What’s Taxable vs. What’s Not

Tax-Free:

Medical expenses from physical injuries
Lost wages due to physical injuries
Pain and suffering from physical injuries
Wrongful death compensatory damages
Property damage reimbursement (up to the property’s value)

Taxable:

Punitive damages (always)
Interest on settlements (always)
Emotional distress without physical injury
Previously deducted medical expenses being reimbursed
Employment discrimination settlements

The big issue here is physical injury. If you have one, your settlement is probably tax-free. Don’t have one? You’ll likely owe taxes.

When Does the IRS Actually Want a Piece?

Not all settlement money gets a free pass. Some parts of your settlement might still be taxable, even in a personal injury case.

Punitive Damages Are Always Taxable

The drunk driver who hit you was beyond reckless. The jury awarded punitive damages to punish them. That punishment money? The IRS treats it as income.

Every dollar of punitive damages gets taxed. Regular income rates. Even though it came from a personal injury case.

Unfair? Maybe. But that’s the law.

Interest Adds Up (And Gets Taxed)

Your case took three years. The defendant owes interest for the delay. That interest is taxable, just like interest from a bank account.

Pre-judgment interest. Post-judgment interest. Any interest at all. The IRS wants its share. Doesn’t matter that it came from an injury case. Interest is interest.

Emotional Distress Without Physical Injury

Here’s where it gets tricky. Emotional distress from your car accident where you broke your leg? Tax-free. It’s connected to your physical injury.

But what about pure emotional distress? Someone harassed you at work. You sued for emotional distress alone. No physical injury means the IRS considers that taxable income.

The only break? You can deduct medical bills you paid for treating that emotional distress.

Physical harm? Tax-free treatment. Pure emotional harm? Taxable.

How Do You Keep More of Your Settlement?

You can’t avoid taxes on punitive damages or interest. But you can minimize what you owe.

Get the Allocation Right

Your settlement agreement needs specifics. “$500,000 for physical injuries. $50,000 for emotional distress. $25,000 in punitive damages.”

Clear allocation protects you. The IRS generally respects allocations made in good faith during real negotiations. But here’s the thing: you can’t just call everything “physical injury compensation” if it’s not. It must match your actual claims.

Consider a Structured Settlement

Instead of a lump sum, you could get payments over time. Here’s why it matters: all payments from a structured settlement for physical injuries stay tax-free, including the growth.

Think about it.

Lump sum of $1 million, invested? You pay taxes on the earnings.

Structure that million over 20 years? Every payment arrives tax-free. Including the interest built in.

It’s one of the few ways injury victims earn investment returns without taxes. Not for everyone. But worth considering for large awards.

Watch Out for Prior Medical Deductions

Did you deduct medical expenses last year? If your settlement reimburses those costs, you might owe taxes on that portion.

No double-dipping. Got a tax benefit from deducting medical expenses? You also can’t exclude the reimbursement. The IRS calls this the “tax benefit rule.” They will catch it.

What About Wrongful Death Settlements?

Wrongful death settlements follow the same rules as personal injury settlements. Compensatory damages? Tax-free.

The deceased’s medical bills? Not taxable. Lost financial support? Not taxable. Loss of companionship? Not taxable.

But punitive damages in a wrongful death case? Taxable. It’s the same as injury cases.

Personal Injury Settlement Tax Compared Across States (New York, California, Texas, Florida)

Every state follows the federal rule. Physical injury settlements? Tax-free. But state taxes work differently.

California: Follows federal rules exactly. Tax-free federally means tax-free here. But watch out. California’s high tax rates reach 13.3%. Any taxable portions hurt more.
Texas and Florida: No income tax at all. Even if part of your settlement is federally taxable, these states won’t touch it. Only the IRS gets paid.
New York: Like California. New York follows federal rules. Tax-free federally? Tax-free in New York. Taxable federally? New York wants their cut.

Simple pattern. States with income taxes follow federal rules. States without income taxes don’t care about your settlement.

Do You Need Professional Help With Settlement Taxes?

Most people with straightforward physical injury settlements don’t need a tax professional. Entire settlement for bodily injuries? No taxes. Done.

But you should talk to a tax pro if:

Your settlement includes punitive damages
You’re dealing with mixed claims (physical and non-physical injuries)
You previously deducted medical expenses being reimbursed
You’re considering a structured settlement
Your settlement is massive and you need planning

Here’s the thing: a good personal injury attorney already understands these tax implications. They’ll structure your settlement agreement to maximize what you keep. Ask about tax consequences before signing anything.

Bottom line? Physical injury settlements are tax-free in California. Punitive damages and interest aren’t. Get the right help early, and you’ll keep more of what you deserve.

At DK Law, we understand both the legal and tax implications of your settlement. We structure agreements to protect every dollar we can. Need help navigating your settlement or have questions about protecting your compensation from taxes? Contact our California personal injury attorneys for a free consultation.

About the Author

Briana Seftel

Web Content Manager

Briana manages digital content at DK Law, combining her journalism background and legal expertise to create clear, client-focused articles and resources.