Maintaining Confidentiality in Settlement Negotiations

When you are injured and seeking a personal injury claim, you may be concerned about confidentiality. Many people do not want anyone knowing about the claim because of the stigma attached to compensation claims. Not only that, but if a settlement is reached, many don’t want others to know about the compensation obtained.

The good news is, there are parameters put into place that ensure confidentiality in certain circumstances. Not only that, but by following some guidelines and hiring a top-notch Las Vegas personal injury lawyer, you can move forward with your personal injury claim in confidence.

Who Can See Your Personal Injury Claim?

Whether or not your personal injury claim will be visible to the public depends on how the claim is resolved. There are two ways to resolve a personal injury claim in Las Vegas: through a judgment of a court and through a settlement agreement.

Personal Injury Claims Settled by Court Judgement

One of the ways to resolve a personal injury claim is through a court hearing. Most court hearings are public, unless the court sees a good reason to keep it closed. While there is a time and place to bring a personal injury claim to court, doing so can be stressful, costly, and likely not private.

Personal injury hearings can get publicity as well. Which if you’re seeking confidentiality, is the last thing you want. But, being a public proceeding, there is not much that can be done about who sees what is happening in your case.

Resolving a Personal Injury Claim Through a Settlement Agreement

All of that said, most personal injury cases are not handled in court, in fact they are rare. Instead they are settled through a negotiation or a settlement agreement. This happens before the case can be taken to court and with the help of a skilled Las Vegas personal injury lawyer it can be resolved.

Negotiating a settlement agreement is typically confidential and comes with terms and conditions which often include confidentiality agreements. You will sign for the settlement and the terms and conditions in the Deed of Release.

The key components of negotiating for a settlement include:

An assessment of the damages and who is liable.
Collecting evidence to build a convincing case to support your claim.
Having a lawyer communicate with the other party and negotiate.
Taking a look at the settlement offers with your lawyer and responding.

Understanding Confidentiality Terms In a Personal Injury Deed Of Release

Most Deeds of Release include certain terms and conditions such as a requirement that you are not allowed to file any other personal injury claims for your injury. Less commonly, it may be required that you do not say anything disparaging about the business.

Another common term relates to confidentiality. Most often, the injured will be prevented from discussing the terms of the settlement with anyone. For instance, they won’t be able to say that they got compensation or how much it was, other than what is required by law. In other cases, the injured may not be able to say anything about the personal injury claim.

The terms and conditions of a Deed of Release are entirely up to you and the other party. Many of the terms will be negotiable, though some may not. Your Las Vegas personal injury lawyer can help you understand these terms before you sign to ensure your rights are protected and the terms are in your favor.

Who You Should & Should Not Tell About Your Personal Injury Claim

Even if you are not required to keep your personal injury claim confidential, it is still a good idea to tell as few people as possible. After receiving such a large sum of money, it may seem like it will take time for it to disappear, but if the wrong friends or family are aware of your money, they may take advantage of you and it may be used faster than you can imagine.

When you receive a large sum as a settlement, you should tell your financial advisor or accountant since there will be tax implications. If you don’t have a financial advisor, it is wise to find one who can advise you on the best ways to handle the money so you can avoid as many tax consequences as possible.

Additionally, if you are working with lawyers on your will or a family law matter, you will want to let them know about the settlement in case it impacts those areas.

How Your Las Vegas Personal Injury Lawyer Will Keep Your Case Confidential

For the most part, if you pursue negotiation for your personal injury claim, you will have confidentiality and it will be in your hands to determine who finds out about the case and who does not. However, your lawyer will be intimately involved and aware of all the details and you may wonder how they are required to keep the information confidential. Your Las Vegas personal injury lawyer will do so in the following ways:

Attorney-Client Privilege: All lawyers are required by law to keep their client’s information confidential.
Secure Storage For Information: All of the information related to your case is stored using secure systems and protocols preventing unauthorized access.
Controlled Access: The only individuals allowed to access information for your case are those that are directly involved.
Non-disclosure Policies: In addition to the attorney-client privilege, most law firms have strict policies and practices to make sure confidentiality is protected for their clients.

Trust Our Las Vegas Personal Injury Lawyers To Handle Your Case With Professionalism & Confidentiality

Being injured in an accident can have a serious impact on your life. From the constant medical exams to the pain and suffering to seeking compensation, the process can be overwhelming. Let our Las Vegas personal injury lawyers step in and give you peace of mind. With years of experience and a commitment to our clients, you can trust that your rights will be protected and you will get the compensation you deserve.

Contact our lawyers at Benson and Bingham today and find out how we can support you through this painful and challenging time in your life.