[DOWNLOAD] "Untangling Taxes from Personal Injury Damages" by Florida Bar Journal * Book PDF Kindle ePub Free
eBook details
- Title: Untangling Taxes from Personal Injury Damages
- Author : Florida Bar Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Lawyers who represent plaintiffs or defendants in personal injury cases are well acquainted with a number of legal doctrines that affect the amount of the plaintiff's recovery, such as the PIP threshold defense, apportionment of fault, collateral source setoffs, caps on damages, or the statutory abrogation of joint and several liability. There is one legal issue, however, that is often overlooked by attorneys, although its resolution can affect the amount of the plaintiff's recovery just as much as the others mentioned. This commonly neglected issue is whether damages awarded for lost future earning capacity should be calculated on the basis of gross earnings or net, after-tax earnings. Stated differently, the question is whether the jury, in calculating how much to award the plaintiff for loss of future earning capacity, should deduct the income taxes that the plaintiff would have had to pay on the income that he or she would have been able to earn had he or she not been injured.