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Litigation & Settlements

Origin-of-Claim Doctrine — Route Emotional Distress to §104(a)(2)

If emotional distress ORIGINATES from a physical injury, entire settlement is tax-free — even the emotional portion.

Overview

Under IRC §104(a)(2), emotional distress damages are ONLY tax-free when the distress originated FROM a personal physical injury or sickness. Careful pleading and settlement-agreement drafting can route emotional distress to §104(a)(2). Physical manifestations (headaches, insomnia, weight loss) alone are NOT physical injury. But if the claim traces back to physical touching (assault, medical malpractice, car crash), all downstream emotional distress qualifies. Get the allocation IN THE AGREEMENT.

Best fit
PI cases with emotional distress componentsSexual assault / abuse plaintiffsMedical malpractice
Estimated impact
22–37% tax on emotional-distress portion

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