Personal Injury settlement. Are gag clauses normal/enforceable?

[MorrisDunn]

If a person settles a PI claim, is it normal that there would be a gag clause to prevent you telling others how much was given? Would such a clause be enforceable?

 

[nuac]

Never heard of a confidentiality clause in a personal injury claim. However most defendants are not anxious to publicise settlements which are not declared in open court.

 

[csirl]

Gag clause would only be enforceable if it was agreed and specifically mentioned in the settlement agreement.

Usually the person receiving the settlement has the upper hand - as the settlement is effectively a concession that the claim is valid. If they dont want a gag clause, then they should ask that one not be inserted.

One unusual settlement I've come across is where a gag clause was inserted by one of the plaintiffs in a multiple plaintiff case where the particular plaintiff, for personal reasons (ex-wife) did not want the settlement disclosed and said he wouldnt allow the case to be settled unless all parties agreed to a gag.

 

[bond-007]

The only reason I could think of is where there is the possibility of copy cat claims from other people connected with the claimant where the other potential claimants are hanging on to see what the the first guy gets?