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Tax-Savvy Strategies for Physical Injury Cases (2026 Edition)

Master tax-efficient settlement strategies to maximize plaintiff recovery and minimize unexpected tax liabilities in personal injury cases.

2026-03-12 14:00:00

1 hours

Program Details

2026-03-12 14:00:00

2026-03-12 14:00:00

1h CLE Credits

2026-03-12 14:00:00

1 hours

Program Details

2026-03-12 14:00:00

Program Details

2026-03-12 14:00:00

Over 1,000+ webinars

2026-03-12 14:00:00

1 hours

Course Overview

Tax-Savvy Strategies for Physical Injury Cases (2026 Edition)

2026-03-12 14:00:00

This program offers a detailed guide of the most important tax considerations in personal injury settlements. Attendees will learn why it’s essential to clearly outline the tax treatment of settlement payments in the settlement agreement, especially for emotional distress damages. The course examines the impact of tax provisions such as the Alternative Minimum Tax (AMT), Net Investment Income Tax (NIIT), and the Kiddie Tax, and discusses how structured settlements can help offset these burdens.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Settlement Tax Rules
Master the rules under IRC Section 104(a)(2) for excluding damages from gross income, including the distinction between physical injury damages, emotional distress, punitive damages, and employment-related payments.
02
AMT Considerations
Understand how large settlements trigger AMT implications and how structured settlements reduce tax exposure by spreading income over time.
03
NIIT Planning
Learn how investment earnings on settlement proceeds are taxed and strategies to structure payments that minimize NIIT burden.
04
Deductibility Rules
Discover which medical expenses and legal fees are deductible, including the impact of settlement structure on deduction availability.
05
Settlement Structures
Compare tax implications of receiving full payment immediately versus periodic payments, including secondary market considerations and discount rates.
06
Early-Stage Case Planning
Learn why addressing tax implications early in litigation can significantly influence total plaintiff recovery and long-term financial security.

Program schedule

clock 2:00 pm - 2:20 pm EST

Tax Classification of Settlement Proceeds

This session covers the foundational rules for determining how settlement payments are classified under federal tax law. Participants will learn the critical distinction between excludable damages under IRC Section 104(a)(2) and taxable components, including punitive damages, employment-related payments, and interest. The session emphasizes the importance of clear settlement agreement language to establish tax treatment.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
clock 2:20 pm - 2:40 pm EST

Deductibility of Medical and Legal Costs

Explore which expenses associated with personal injury claims are tax-deductible and how settlement structure affects deduction eligibility. This session addresses the interplay between settlement classification and the ability to deduct costs, including the impact of AMT on miscellaneous itemized deductions and strategies to preserve deduction rights.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
clock 2:40 pm - 3:00 pm EST

Tax Implications of Lump Sum vs. Structured Settlement Options

Analyze the comparative tax consequences of different settlement payment structures. This final session examines how receiving payments over time through structured settlements reduces tax burden, protects against AMT and NIIT implications, and provides greater financial security compared to lump sum distributions.

Jeremy BabenerJeremy Babener
Peter DarlingPeter Darling
Jeremy Babener

Jeremy Babener

Structured Legal

Peter Darling

Peter Darling

Structured Consulting

Jeremy Babener

Jeremy Babener

Structured Legal

Jeremy is a nationally recognized tax expert. He counsels plaintiffs and plaintiffside law firms on settlement planning, helping to maximize recovery outcomes. He also reviews and structures settlement transactions for trust companies, insurance companies, and other financial institutions. Jeremy has worked across a broad spectrum of cases and settlement sizes, including individual claims, mass torts, and class actions. His role often includes drafting and refining settlement terms, proposing tax-efficient and financial strategies, and negotiating their adoption with defense teams. He frequently speaks on settlement taxation and ethics at law schools such as NYU School of Law and the University of Chicago, contributes articles to Forbes, Bloomberg, and the ABA, and shares his insights on CNN, Fox News, and CNBC.

Education & Credentials

Jeremy is a nationally recognized tax expert with extensive experience advising on the tax and financial aspects of legal settlements. Earlier in his career, he served as a Fellow in the Office of Tax Policy at the U.S. Treasury Department, where he gained insight into federal tax policy. His background provides a strong foundation for advising attorneys and clients on complex settlement-related tax issues.

Recognition & Leadership

Jeremy is widely recognized for his expertise in settlement taxation and planning. He chairs the Legal Committee of the Society of Settlement Planners and is known for helping shape discussions around ethical and tax considerations in settlement practice. His leadership roles reflect his influence in advancing best practices within the settlement planning community.

Professional Involvement

He is actively involved in several prominent legal organizations, including the American Association for Justice (AAJ) Public Education Committee and the American Bar Association’s TIPS Plaintiffs’ Practice Committee. Through these roles, Jeremy contributes to professional education and policy discussions affecting plaintiff-side practitioners.

Experience

Jeremy has worked on a wide range of cases, including individual claims, mass torts, and class actions of varying settlement sizes. His work often involves structuring settlement transactions, developing taxefficient financial strategies, and negotiating settlement terms with defense teams.
Peter Darling

Peter Darling

Structured Consulting

Peter Darling is a settlement advisor and a former attorney. He helps plaintiffs and trial lawyers craft tax-efficient, financially beneficial and strategic settlement strategies. With a career which spans over two decades, Peter’s work incorporates expertise in law, business development, strategy and marketing. He began his career as an advertising copywriter under Peter Arnell at Arnell/Bickford Associates, contributing to major campaigns for clients like Donna Karan and Lifetime Television and winning the J. Walter Thompson copywriting competition. After earning his J.D. from the University of Pennsylvania Law School, he practiced commercial litigation before co-founding Flycast Communications.

Education & Credentials

Peter Darling earned his J.D. from the University of Pennsylvania Law School and holds a B.A. with honors in English Literature from Swarthmore College. He is also a certified Kauffman FastTrac trainer, reflecting his expertise in entrepreneurship and business development. His academic and professional background combines legal training with strategic and business-focused education.

Recognition & Leadership

Peter has built a distinguished career spanning law, business, and strategic consulting. He was part of the founding teams of multiple venture-backed companies, including Flycast Communications, which grew to more than 350 employees, went public, and was later sold for $750 million. His leadership experience extends across startups, consulting, and the legal industry.

Professional Involvement

Throughout his career, Peter has worked with companies and professional service firms across Asia, Europe, and North America. He has advised leading law firms and advertising agencies on strategy, marketing, and business development. In addition to consulting, he is an active trainer, speaker, and published author in the legal and consulting sectors.

Experience

Peter is a settlement advisor and former litigation attorney who helps plaintiffs and trial lawyers develop tax-efficient and financially strategic settlement approaches. His work draws on more than two decades of experience spanning litigation, entrepreneurship, and consulting. By combining legal knowledge with strategic and financial insight, he helps attorneys craft settlement strategies that maximize long-term client outcomes.
Jeremy Babener

Jeremy Babener

Structured Legal

Jeremy is a nationally recognized tax expert. He counsels plaintiffs and plaintiffside law firms on settlement planning, helping to maximize recovery outcomes. He also reviews and structures settlement transactions for trust companies, insurance companies, and other financial institutions. Jeremy has worked across a broad spectrum of cases and settlement sizes, including individual claims, mass torts, and class actions. His role often includes drafting and refining settlement terms, proposing tax-efficient and financial strategies, and negotiating their adoption with defense teams. He frequently speaks on settlement taxation and ethics at law schools such as NYU School of Law and the University of Chicago, contributes articles to Forbes, Bloomberg, and the ABA, and shares his insights on CNN, Fox News, and CNBC.

Education & Credentials

Jeremy is a nationally recognized tax expert with extensive experience advising on the tax and financial aspects of legal settlements. Earlier in his career, he served as a Fellow in the Office of Tax Policy at the U.S. Treasury Department, where he gained insight into federal tax policy. His background provides a strong foundation for advising attorneys and clients on complex settlement-related tax issues.

Recognition & Leadership

Jeremy is widely recognized for his expertise in settlement taxation and planning. He chairs the Legal Committee of the Society of Settlement Planners and is known for helping shape discussions around ethical and tax considerations in settlement practice. His leadership roles reflect his influence in advancing best practices within the settlement planning community.

Professional Involvement

He is actively involved in several prominent legal organizations, including the American Association for Justice (AAJ) Public Education Committee and the American Bar Association’s TIPS Plaintiffs’ Practice Committee. Through these roles, Jeremy contributes to professional education and policy discussions affecting plaintiff-side practitioners.

Experience

Jeremy has worked on a wide range of cases, including individual claims, mass torts, and class actions of varying settlement sizes. His work often involves structuring settlement transactions, developing taxefficient financial strategies, and negotiating settlement terms with defense teams.
Peter Darling

Peter Darling

Structured Consulting

Peter Darling is a settlement advisor and a former attorney. He helps plaintiffs and trial lawyers craft tax-efficient, financially beneficial and strategic settlement strategies. With a career which spans over two decades, Peter’s work incorporates expertise in law, business development, strategy and marketing. He began his career as an advertising copywriter under Peter Arnell at Arnell/Bickford Associates, contributing to major campaigns for clients like Donna Karan and Lifetime Television and winning the J. Walter Thompson copywriting competition. After earning his J.D. from the University of Pennsylvania Law School, he practiced commercial litigation before co-founding Flycast Communications.

Education & Credentials

Peter Darling earned his J.D. from the University of Pennsylvania Law School and holds a B.A. with honors in English Literature from Swarthmore College. He is also a certified Kauffman FastTrac trainer, reflecting his expertise in entrepreneurship and business development. His academic and professional background combines legal training with strategic and business-focused education.

Recognition & Leadership

Peter has built a distinguished career spanning law, business, and strategic consulting. He was part of the founding teams of multiple venture-backed companies, including Flycast Communications, which grew to more than 350 employees, went public, and was later sold for $750 million. His leadership experience extends across startups, consulting, and the legal industry.

Professional Involvement

Throughout his career, Peter has worked with companies and professional service firms across Asia, Europe, and North America. He has advised leading law firms and advertising agencies on strategy, marketing, and business development. In addition to consulting, he is an active trainer, speaker, and published author in the legal and consulting sectors.

Experience

Peter is a settlement advisor and former litigation attorney who helps plaintiffs and trial lawyers develop tax-efficient and financially strategic settlement approaches. His work draws on more than two decades of experience spanning litigation, entrepreneurship, and consulting. By combining legal knowledge with strategic and financial insight, he helps attorneys craft settlement strategies that maximize long-term client outcomes.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.2
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs