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Barbara was injured in an automobile accident. She has threatened to file a suit

ID: 2419151 • Letter: B

Question

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 expenses                                                                30,000

               Loss of wages                                                                      10,000

               Punitive damages                                                                60,000

The defendant’s insurance company is reluctant to pay punitive damages. Also, the company disputes the amount of her loss of wages. 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 company’s offer be more or less than the after tax proceeds from her proposed offer? Show all supporting calculations.

Explanation / Answer

Decision making whether, Barbara has to accept the company's offer or not :

Proposal of Barbara   

Damages for 25 % loss of the use of her right arm = $ 150,000

Medical expenses = $ 30,000

Loss of Wages = $ 10,000

Punitive Wages = $ 60,000

Total = $ 250,000

Since Damages, medical expenses and loss of wages are not taxable , so punitive damages will be taxable at 35%

therefore after tax proceeds = $ 250,000 - ( $ 60,000*35%)

= $ 229,000

The offer given by insurance company is not taxable , so total amount to be received from insurance company according to its offer = $ 210,000 + $ 30,000 = $ 240,000

Since the amount offered by insurance company is more than barbara's proposal, so it is better for Barbara to accept the offer of Insurance company i.e to go for $ 240,000

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