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Barbara Was Injured in an Automobile Accident The Defendant's Insurance Company Is Reluctant to Pay Punitive Damages

Question 96

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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 $200,000Medical expenses 30,000 Loss of wages10,000 Punitive damages100,000$340,000\begin{array} { l } \text { Damages for \( 25 \% \) loss of the use of her right arm }&\$200,000\\ \text {Medical expenses }&30,000\\ \text { Loss of wages}&10,000\\ \text { Punitive damages}&100,000\\&\$340,000\end{array}
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 $300,000 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 (listed above)?

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