Mesothelioma Settlement Taxable: A Comprehensive Guide :
Mesothelioma Settlement Taxable: A Comprehensive Guide :

Mesothelioma Settlement Taxable: A Comprehensive Guide :

Hello and welcome to our comprehensive guide on mesothelioma settlement taxable. We understand that dealing with mesothelioma can be a difficult and emotional time, and the last thing you want to worry about is taxes. That’s why we’ve put together this article to help you navigate the complex world of mesothelioma settlements and taxes.

What is Mesothelioma?

Mesothelioma is a rare and aggressive cancer that affects the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos, a mineral that was widely used in construction and other industries until the 1980s. Mesothelioma can take decades to develop after exposure to asbestos, and unfortunately, there is no cure for the disease.

Types of Mesothelioma

There are several types of mesothelioma, including:

Type Description
Pleural Mesothelioma Affects the lining of the lungs
Peritoneal Mesothelioma Affects the lining of the abdomen
Pericardial Mesothelioma Affects the lining of the heart

Each type of mesothelioma has its own symptoms and treatment options, and the prognosis for the disease can vary depending on the stage at which it is diagnosed.

What is a Mesothelioma Settlement?

A mesothelioma settlement is a legal agreement between the mesothelioma patient and one or more defendants in a mesothelioma lawsuit. The settlement is usually reached before the case goes to trial, and it provides compensation to the patient for their medical expenses, lost wages, and other damages related to their illness.

Settlements can range from a few thousand dollars to millions of dollars, depending on the circumstances of the case. Mesothelioma settlements can also be structured in different ways, such as a lump sum payment or a structured settlement that pays out over time.

Is a Mesothelioma Settlement Taxable?

The short answer is yes, mesothelioma settlements are generally taxable. However, there are some exceptions and nuances to this rule that we will explore in more detail below.

The Taxability of Different Types of Damages

Not all components of a mesothelioma settlement are taxable. The taxability of a settlement depends on the type of damages awarded. The three main types of damages awarded in a mesothelioma settlement are:

  1. Compensatory damages
  2. Punitive damages
  3. Interest on the damages awarded

Compensatory Damages

Compensatory damages are intended to compensate the plaintiff for their actual losses, such as medical expenses, lost wages, and pain and suffering. Compensatory damages are generally not taxable, as they are considered to be replacing income that the plaintiff would have received tax-free if they had not been injured.

Punitive Damages

Punitive damages are awarded in some cases as a way to punish the defendant for their actions and to deter similar behavior in the future. Punitive damages are generally taxable, as they are not compensating the plaintiff for any actual losses.

Interest on Damages Awarded

Interest on damages awarded is generally taxable, as it is considered income to the plaintiff.

Exceptions to Taxability

There are some exceptions to the general rule that mesothelioma settlements are taxable. These exceptions include:

  • Payments for physical injury or sickness are generally not taxable
  • Amounts paid for medical expenses are not taxable
  • Amounts paid for lost wages or lost profits are taxable as ordinary income
  • Amounts paid for emotional distress or mental anguish are generally taxable


Q: Do I have to report my mesothelioma settlement on my tax return?

A: Yes, you must report your mesothelioma settlement on your tax return. The settlement is considered income and must be reported to the IRS.

Q: How do I report my mesothelioma settlement on my tax return?

A: You should receive a Form 1099 from the defendant or their insurer indicating the amount of the settlement. You must report this amount on your tax return using Form 1040.

Q: Can I deduct my medical expenses related to mesothelioma?

A: Yes, you may be able to deduct your medical expenses related to mesothelioma on your tax return if you itemize your deductions. However, there are limitations and restrictions on this deduction, so it’s important to consult with a tax professional to determine your eligibility.

Q: Can I be taxed on the same income twice?

A: No, you cannot be taxed on the same income twice. If you receive a settlement that is partially taxable and partially non-taxable, you must allocate the settlement between the different types of damages and report them accordingly.


Mesothelioma settlements can provide much-needed compensation for victims of this devastating disease. However, it’s important to understand the tax implications of a settlement and to report it correctly on your tax return. If you have questions or concerns about mesothelioma settlements and taxes, be sure to consult with a tax professional or attorney.

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