Valley Village, CA asked in Wrongful Death for California

Q: A wife signs a gag clause in a lawsuit settlement over the death of her father...does it apply to her whole family?

She is the only one named in the lawsuit, but the defense lawyers added the word family to the settlement as to who is gagged. If only the wife was on the lawsuit, and none of the family members were, can they legally gag all of them? How would that be enforceable if none of the other family members made the agreement, including her husband?

In response to the lawyer who answered below, the husband wouldn't have to ask the wife about information if he, too, lived through the medmal ordeal and they shared information during the whole time. The gag clause doesn't come until LONG after it's all over. In the interim, discussions could have taken place with hundreds of people.

We know a woman who lost all her arms and legs to medmal and her story was all over the papers and the news. When she sued they made her sign a gag clause, which was ridiculous because the story is easily looked up on the internet.

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1 Lawyer Answer

A: The confidentiality clause applies to the people who signed the agreement. There may be wording about relatives, but that is speculation. Nevertheless, if you, or others, think you can safely disparage the defendants or disclose the terms of the settlement, you might be mistaken. Although you are not signatories to the agreement, one would have to ask from where your knowledge came. The answer you that would be your wife, establishing het violation of the confidentiality clause.

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