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If I choose to settle my medical malpractice case out of court, what are the typical terms and conditions I can expect as part of the agreement?

This is an interesting question. What most of our clients fail to realize is that these cases rarely go to trial, and if they do, they are typically settled out of court. This is because long, drawn-out litigation hurts both parties and does not necessarily lead to a favorable outcome. In most cases, settling is the reasonable thing to do. That said, there are terms and conditions that one must abide with if they accept a settlement.

For instance, you will sign a legal document agreeing to a certain lump sum payment in order to relinquish your right to bring forth a case at a later date. In addition, you will be asked to sign a document containing a confidentiality clause which bans you from speaking about the details of the payout and the case in any public setting. As mentioned above, you will also sign a document waiving your right to file future claims. Last but not least, you must be aware of your tax requirements as they relate to your settlement, and tax fees are typically handled by you, the plaintiff.