QUESTION
What are my responsibilities under confidentiality clause in release in a person injury case?
Asked on Jul 08th, 2012 on Personal Injury - Massachusetts
More details to this question:
I signed a release in a settlement in a personal injury case involving my daughter. It included the language (below). I was advised by our attorney when I signed it that it was limited to no disclosing the amount of funds involved in the settlement. That was reaffirmed last week. However, I then learned that it may be much broader than that. If it is, and I breach by talking about the case, who''s at fault?
The terms are below they say I would:
¿maintain absolute confidentiality concerning the financial terms of the settlement, and will neither publish nor cause to be publish any article, notice, or statement of any kind whatsoever (whether orally or in writing) related to this settlement . . . it is the purpose of this confidentiality provision to prevent publicity or communication concerning the settlement, and to prevent any utterance or communication concerning the facts or terms of the settlement in any media, or with or to any person or entity, directly or indirectly.¿
1 ANSWER
Michael Clancy
The short answer is that the language of the agreement isn't limited just to the amount-- it's broader than that. Who might be responsible if there is a breach of the agreement is hard to know without knowing more facts-- in general, the person who says something they promised not to is responsible, although I can imagine a situation in which someone else might also be at fault for, for example, giving you the wrong advice about what you can and can't say. You should certainly raise this with your daughter's attorney and get some direction. Don't worry too much-- in most instances, defendants are really worried about widespread dissemination of the fact and the amount of the settlement of the type that would happen if you spoke to a reporter or posted something on the internet or YouTube. Mentioning the fact that your daughter's case settled without saying the amount at a cookout isn't the kind of thing that usually gets a defendant's attention.
Best of luck.
Answered on Jul 09th, 2012 at 12:51 PM