Tiger Woods’ legal team is challenging the ability of Florida Prosecutors to subpoena prescription drug records using Privacy arguments. The defense lawyers argue that the prescription drug pharmacy records should be off limits, or, in the alternative, they should be used only for the police investigation and prosecution and not shared with the press.

How are Privacy Rights Impacted by Personal Injury Litigation?

Although celebrity criminal cases create much more of a media frenzy compared to the a run-of-the-mill Personal Injury Claim, there are Privacy rights sacrifices from filing an injury claim.

Once a victim decides to file a lawsuit, rights to Privacy are jeopardized.

The lawsuit itself is a public record.

In addition, the Discovery process that ensues after a lawsuit is filed also waives Privacy rights.

The defense is allowed to pursue extensive investigation into the claim by serving written questions called Interrogatories and request production of medical records and other documents about the injuries and damages. The defense can also schedule the Deposition of the injury victim, an oral interview under oath in front of a Court Reporter.

Other Discovery tactics include serving Subpoenas to obtain other records, like medical and lost income records, and even scheduling a Defense Medical Exam with a doctor who can testify at Trial for the defendant.

All of these Discovery events sacrifice rights to privacy. Finally, the end of the case, Trial, is also a public event.

Good News, Settlements Can Be Private and Confidential

The good news is that not all Personal Injury Claims result in huge invasions of privacy.

If the case settles through negotiation with the Insurance Company rather than litigation, the whole process can be private and confidential.

Also, most cases that are litigated are not high profile and covered by the media. Instead, the vast majority of Personal Injury Claims garner no publicity.

So, although an Injury Victim should be aware of the sacrifice of Privacy issue, in most cases it’s usually not a huge sacrifice.