T
The Daily Insight

Are lawsuit settlements taxable in Massachusetts?

Author

Ava Robinson

Published Apr 11, 2026

Massachusetts, like the federal government, imposes taxes on punitive damages and emotional damages not related to physical injury. Similarly, settlements awarded with prejudgment interest are subject to Massachusetts state tax.

Can you sue for emotional distress in Massachusetts?

Under Massachusetts law, a Negligent Infliction of Emotional Distress (NIED) claim is a civil claim in response to one party acting recklessly or negligently that results in significant mental or emotional injury to another party.

Are personal injury settlements taxable in Massachusetts?

Your Settlement is Not Taxable Under federal and Massachusetts state law, settlements in personal injury cases are not considered income and are therefore are not subject to tax.

What happens when you get charged with harassment in Massachusetts?

(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and …

Is stalking a felony in Massachusetts?

Stalking in Massachusetts, a felony, is punishable by the following: 5 years in state prison. $1,000 fine.

Does a Personal Injury settlement count as income?

The majority of personal injury settlements are tax-free. This means that unless you qualify for an exception, you will not need to pay taxes on your settlement check as you would regular income. The State of California does not impose any additional taxes on top of those from the IRS.

What is considered criminal harassment in Massachusetts?

What is the punishment for stalking in Massachusetts?

Under federal and Massachusetts state law, settlements in personal injury cases are not considered income and are therefore are not subject to tax.

What’s the average amount of money settled in a lawsuit?

In 2019, the average legal settlement was $27.4 million, according to the National Law Review, with 57% of all lawsuits settling for between $5 million and $25 million. However, many plaintiffs are surprised after they win or settle a case that their proceeds may be reportable for taxes.

What happens to the proceeds of a legal settlement?

If your attorney or law firm was paid with a contingent fee in pursuing your legal settlement check or performing legal services, you will be treated as receiving the total amount of the proceeds, even if a portion of the settlement is paid to your attorney. Let’s look at an example.

Do you have to report a legal settlement to the IRS?

Legal settlements are different than legal fees, and you have to address each in turn with their respective tax treatment. Where many plaintiff’s 1099 attorneys now take up to 40% of the settlement in legal fees, the full amount of the settlement may need to be reported to the IRS on your income tax.

Do you have to pay taxes on settlement money?

For example, if you sue for back wages or lost profits, that money will typically be taxed as ordinary income. If you receive a settlement allocations for bodily personal physical injury, you are not typically taxed on those proceeds as those monies are deemed to make you whole after an accident.