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When a malpractice case is settled the parties typically have reached an agreement for a lump sum payment which covers all of the claims in the case.  Depending on your state, you may have asserted claims for past and future medical bills, past and future lost wages, disfigurement, pain and suffering and the like.

A medical malpractice settlement typically does not have the other party paying a separate amount for your attorney fee or for any costs you incurred in prosecuting the case.  There often is not a specific itemization of “expenses paid" in the settlement of a malpractice case.  Again, the insurance company will pay a lump sum amount which you agree to accept.  Obviously each case is different and you should consult with an experienced medical malpractice attorney in your area to talk about your case.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.