Before you settle a personal injury case, it's advantageous to talk to your attorney about instituting a confidentiality clause that will help you to put the case behind you. Doing so is one of the best ways that you can move forward. Without this clause, the defendant may be vocal in talking about your case, which will bring you right back to where you were when you were going through the legal process. A properly worded confidentiality clause will threaten either party with having to pay monetary damages for discussing the case, but you need to ensure that the clause is worded so that no one can discuss any of these details.
When it comes to writing a confidentiality clause to include in your personal injury settlement, it needs to be clear that any discussion of the settlement amount is prohibited. This is a detail that is private for you, and this is especially true if you've received a large settlement. You don't want the defendant talking about how much money he or she had to give you, as financial matters are no one's business outside of those who are involved in the transaction. This can especially be important in a small town, where word can spread quickly until it feels as though everyone knows how much money you got.
A confidentiality clause should also prohibit either party from talking about the incident that led to your injury. If the defendant cannot legally discuss the settlement, he or she might feel compelled to talk about the incident — for example, talking about the extent of the injury or maliciously suggesting that you did something to heighten your risk of getting hurt. These types of comments can be deeply hurtful, especially for someone who was seriously injured and has since gone through an extensive recovery period.
The Case Itself
You also don't want the defendant to be able to talk about any specific details of the case, such as the negotiation process, the strategies that your personal injury attorney used, or even what some of the different witnesses had to say. A defendant who brings up these topics can once again shed light on your case, which is the last thing that you want after you've settled it. The right personal injury attorney will know exactly what to write in your settlement to make it clear that neither party should discuss any of the above elements with anyone.
For more information, contact company like Fitzsimmons & Vervaecke Law Firm.