What she considers to be her actual damages


Barbara was injured in an automobile accident. She has threatened to file a suit against the other party involved in the accident and has proposed the following settlement:

  • Damages for 25% loss of the use of her right arm $150,000
  • Medical expense 30,000
  • Loss of wages  10,000
  • Punitive damages 60,000
  • $250,000

The defendant's insurance company is reluctant to pay punitive damages. Also, the company disputes the amount of her loss of wages amount. Instead, the company offers to pay her $210,000 for damages to her arm and $30,000 medical expenses. Assuming Barbara is in the 35% marginal tax bracket, will her after-tax proceeds from accepting the offer be equal to what she considers to be her actual damages?

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Accounting Basics: What she considers to be her actual damages
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