This type of allegation and marital difficulty falls under the provision of the divorce statutes. They can vary from state to state and with the circumstances from case to case.
In the US, yes, of course they are.Emotional distress. Emotional distress itself is not a physical injury or physical sickness, but damages you receive for emotional distress due to a physical injury or sickness are treated as received for the physical injury or sickness. Do not include them in your income. If the emotional distress is due to a personal injury that is not due to a physical injury or sickness (for example, unlawful discrimination or injury to reputation), you must include the damages in your income, except for any damages you receive for medical care due to that emotional distress. Emotional distress includes physical symptoms that result from emotional distress, such as headaches, insomnia, and stomach disorders.
"Compensatory damages are covered in personal injury 2 cases. This includes, medical, pain and suffering, Loss of enjoyment of life and emotional distress."
A personal injury can include injury to the mind, body or emotions. The most common injury are road traffic accidents and holiday accidents. Examples include a broken leg or emotional distress from an accident or event.
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No. Personal injury proceeds are considered compensation of injuries and losses, it is not a "gain" or "windfall" under the tax codes. Actually, whether personal injury damage awards are taxable depends on what the award is for. If it is to compensate for personal physical injuries or sickness, then it's not taxable (IRC Section 104(a)(2)). Emotional injury that is the result of of physical injury may not be taxable; however emotional injury that is the result of nonphysical injury (for instance, defamation or trespass) is generally taxable. Likewise, lost wages that are the result of physical injury may not be taxable. (See IRS Guidance: Lawsuit Awards and Settlements and Rev. Ruling 85-97.)
Typically there are a few types of damages that can be claimed in a personal injury lawsuit. Beyond measurable costs like wages lost due to injury, medical expenses, and property damage, there are special damages like pain and suffering and emotional distress.
Settlements received in a personal injury settlement are generally not considered income. It is usually thought of as a means of making someone whole for losses attributed to the injury and therefor isn't typically taxed. Emotional distress, when not associated with a physical injury is typically included as taxable income. Non-punitive damages received for personal injuries are excluded while, punitive damages are taxable income. http://www.pulversthompson.com/personal-injury-lawyer-blog/is-my-personal-injury-settlement-taxable/
Get a Personal Injury Solicitor to help and defend you.
That depends of the type of personal injury, and the details of the case.
The Personal Injury Panel is a group that lawyers who specialize (or are experts) in personal injury law can join. The panel is operated by the Law Society.
You need to discuss your damages with a personal injury lawyer.You need to discuss your damages with a personal injury lawyer.You need to discuss your damages with a personal injury lawyer.You need to discuss your damages with a personal injury lawyer.
There is no universal list. You need to consult with a personal injury lawyer.There is no universal list. You need to consult with a personal injury lawyer.There is no universal list. You need to consult with a personal injury lawyer.There is no universal list. You need to consult with a personal injury lawyer.