Confidentiality in Settlements

Confidentiality terms commonly restrict sharing the amount of a settlement and sometimes the specific terms of the agreement. Companies often request these terms so that one settlement doesn't set expectations for others. The exact wording varies from agreement to agreement. Some clauses allow you to share information with close family members, tax advisors and financial planners, while others are more restrictive. Some agreements also prevent the company from making certain statements. Because each settlement with each defendant can have its own terms, it helps to read every agreement carefully and ask your attorneys to explain anything you don't understand before you sign.

Confidentiality terms typically don't prevent you from talking about your diagnosis, your treatment or your experience with mesothelioma. You can usually say that you pursued a claim, and in many cases that it was resolved, without naming an amount. You may still be able to share medical information with support groups or doctors. However, some agreements are broader than others. If you plan to speak publicly, write about your experience or talk with the media, check with your attorneys first so you don't accidentally share something the agreement restricts. When in doubt, ask first.

Confidentiality terms are part of settlement negotiations, and they can sometimes be adjusted. For example, your attorneys may ask that you be allowed to share details with specific family members, financial advisors or government benefit programs that require disclosure. Terms that affect your ability to talk about your health may be pushed back on. Because each defendant may propose different language, your attorneys will review each agreement separately. Before signing, make sure you understand who you can tell, what you can say and what happens if the terms are broken.

1. 1

   Ask your attorneys to explain the confidentiality section of each settlement agreement.

2. 2

   Make a list of people you'll need to share details with, such as tax advisors.

3. 3

   Check with your legal team before speaking publicly or posting about your case.

4. 4

   Keep signed agreements in a secure place where family can find them if needed.