Settling Physical Injury Cases: Keeping More of What They Pay

Jeremy Babener
Jeremy Babener | Structured Consulting

Jeremy has helped companies grow at every stage of the business life cycle. He educates and advises on legal and policy issues for the Society of Settlement Planners (SSP), a national organization of holistic financial planners dedicated to serving personal injury plaintiffs.

On-Demand: March 14, 2025

1 hour CLE

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Program Summary

This program provides a comprehensive guide to key tax considerations in personal injury settlements. We’ll cover the importance of clearly substantiating the tax treatment of settlement payments in the settlement agreement, particularly when it comes to damages for emotional distress. Babener also covers the impact of tax laws such as the Alternative Minimum Tax (AMT), the Net Investment Income Tax (NIT), and the Kiddie Tax, explaining how structured settlements can help mitigate these tax burdens. Advisors are reminded to consider tax implications early in the settlement process, as even the initial stages of a lawsuit can significantly influence a claimant’s tax position.

Key topics to be discussed:

  • Tax treatment of settlement payments
  • Deductibility of medical and legal expenses
  • Tax implications of lump sums vs. structured settlements

Closed-captioning available

Speakers

Speaker_Jeremy BabenerJeremy Babener | Structured Consulting

Founder & Consultant at Structured Consulting, Jeremy has helped companies grow at every stage of the business life cycle. He educates and advises on legal and policy issues for the Society of Settlement Planners (SSP), a national organization of holistic financial planners dedicated to serving personal injury plaintiffs.

Beyond his work with SSP, Jeremy provides counsel on tax and business matters, specializing in investment funds, lawsuit settlements, and tax-advantaged arrangements.

His experience includes negotiating and drafting agreements related to investment products, vendor relationships, capital raises, credit facilities, and bank payment servicing. Additionally, he has marketed to investors and managed outside counsel.

Previously, Jeremy advised Lane Powell’s diverse practice groups—including business, employment, litigation, and bankruptcy—on a wide range of tax issues. He was also frequently requested by client companies to serve as outside general counsel.

Furthermore, he has contributed to the drafting of regulations concerning non-compensatory partnership options, exchanges of partnership debt for equity, and other complex partnership tax matters.

Earlier in his career, in 2008, he worked on defenses and settlements for personal injury claims against U.S. government entities, including the U.S. Army, FBI, and VA.

 

Agenda

I. Tax treatment of settlement payments | 2:00pm – 2:20pm

II. Deductibility of medical and legal expenses | 2:20pm – 2:40pm

III. Tax implications of lump sums vs. structured settlements | 2:40pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1.2 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Approved for Self-Study Credits
1 General

Indiana

Approved for Self-Study Credits
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour

Maryland

No MCLE Required
1 CLE Hour

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour

Minnesota

Approved for Self-Study Credits
1 General

Missouri

Approved for Self-Study Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General

Nevada

Approved for Self-Study Credits
1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Approved for Self-Study Credits
1 General

Pennsylvania

Approved for Self-Study Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour

Tennessee

Approved for Self-Study Credits
1 General

Texas

Pending CLE Approval
1 General

Utah

Pending CLE Approval
1 General

Virginia

Not Eligible
1 General Hour

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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