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Should I Sign a Confidentiality Clause in My Personal Injury Case?

Posted on in Personal Injury

Campbell County personal injury attorney

Most people are familiar with confidentiality agreements of some kind: Many employers require that new employees sign one to prevent leaking trade secrets. Also, non-disclosure agreements (NDA) can serve to protect people by protecting their private information that they share with health professionals or attorneys. However, there are some instances where signing a non-disclosure policy during a personal injury lawsuit can be bad for the plaintiff and the general public. 

Non-Disclosure Agreements and Personal Injury Settlements

Sometimes, defendants in personal injury settlements will try to sneak in a confidentiality agreement to protect their reputation and not tarnish their public image. This strategy might not pose an issue in some personal injury cases, but in many others, the plaintiff will wish that the public is fully aware of the harm the defendant’s negligence caused him or her.

For example, say you open a personal injury lawsuit against an insurance company because they unlawfully deny you benefits. If you eventually reach an agreeable resolution, but the insurance company includes a non-disclosure agreement in the settlement, other policyholders will not be able to learn that this particular insurance company may try to unjustly withhold payouts that policyholders deserve. The insurance company will be able to continue using shady tactics to increase profits. 

Similarly, if you open a personal injury case against a manufacturer, they might try to sneak in a non-disclosure agreement so that no other consumers will learn of the potential side-effects or defects of their product. In this case, signing a confidentiality agreement would be a significant detriment to the general public.

Ultimately, whether or not you sign a non-disclosure agreement depends on its scope. If an NDA pertains to all matters of the case, consider not signing. However, some defendants might wish to keep the settlement amount private to deter other lawsuits. Depending on your case’s details, that might not endanger the public and be a fair request on the defendant’s part. A knowledgeable personal injury attorney can help you determine the best course of action in your case. 

Contact a Campbell County Personal Injury Attorney

If you file a personal injury claim, you should seek the help of a Jacksboro, TN personal injury lawyer to help win just compensation for your losses. At The Law Office of William F. Evans, we use our experience and rich understanding of Tennessee personal injury law to assist clients in cases relating to auto accidents, truck accidents, bike accidents, wrongful death, and premises liability. We can take your calls 24/7, so call us today at 423-449-7980 to schedule a free consultation.

 

Sources: 

https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1109&context=umrsjlr

https://www.nytimes.com/2020/02/21/business/media/conde-nast-nda.html

 

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