Hey! That’s Personal! Maintaining Privacy in Litigation
We all value our privacy. And in our modern world, it has become increasingly important to protect yourself from identify thieves and the like. But when you are involved in a litigation, you are required to disclose a lot of personal information, whether you like it or not.
So does filing a lawsuit mean you lose your right to privacy completely?
No. Your rights can still be protected.
In litigation, we have procedures called “discovery.” Discovery, in the context of a lawsuit allows both sides to find out (“discover”) facts and information about the opposing party’s case (i.e., plaintiff’s case-in- chief and the defendant’s defense). The purpose of discovery is to allow the parties to find out as much as possible about the facts on both sides so they can be fully prepared for trial or, hopefully, can settle the case.
What can be “discovered” under these procedures is quite broad. Which means that privacy issues frequently arise during discovery. Personal injury lawsuits in particular expose private matters because the injured party’s physical injuries and monetary damages are at issue in the case; making discovery of personal medical and some financial information fair game.
Keeping it Confidential
But just because you file a personal injury lawsuit, that does not mean that you waive all your rights to privacy. Experienced Louisiana personal injury lawyers have a number of tools that they regularly use to protect your information.
For example, counsel can make sure that the other side tailors their discovery demands to the issues in your case. In other words, your counsel can protect you from overly broad discovery requests.
Another tool that can be successfully employed to protect sensitive or personal information is confidentiality agreements. Confidentiality Agreements require the parties to keep certain information confidential and out of the public record.
If necessary, court intervention can be sought in the form of protective orders to keep the other side from getting certain documents, asking overly-invasive questions, or in other ways abusing the discovery process.
Fighting Hard for Your Rights
If you have been injured in a car accident or in any other accident, call us. We are experienced personal injury attorneys who fight hard to get our clients the compensation they deserve. We offer FREE consultations, and we don’t get paid unless you win your case. We have offices in Baton Rouge and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. So call (225) 200-0000 ToDay to schedule your free consultation or contact us here.