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The Plaintiff is to be made "whole" so the argument is there that reasonable attorney fees should be included in this recovery process. Some states like Georgia specifically allow for attorney fees by statute in this circumstance while other, such as Mississippi, do not.
There is a recent US Supreme Court decision which seems to indicate that attorney fees of a reasonable nature should be awarded. The case is US Airways v McCutchen. Here is a detailed summary of that case: http://www.fortworthinjurylawyer-blog.com/2013/09/the-united-states-supreme-court-says-equitable-defenses-may-limit-the-subrogation-rights-of-erisa-pl.html
In short, attorney fees of a reasonable nature can and should be awarded in this context.
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