For victims, going through a legal claim can be a key step towards getting justice. At the same time, claims can also be challenging and stressful. You may not want your name appearing in court records. This raises an important question: Can I remain anonymous during the legal claims process? The short answer is “it depends”—your privacy is not automatic, but judges do have discretion to allow for the anonymity of the victim when deemed appropriate. At Noakes Law Group, we fight for the rights of victims, including in personal injury and civil sexual assault cases. In this article, we explain the key things to know about your right to remain anonymous during a legal claim.
The Baseline: Court Proceedings Are Public Records, Settlement Negotiations Offer Confidentiality
As a starting point, it is important to emphasize that legal claims are, generally, not an anonymous process. When you bring a claim against another defendant (or insurance company), they have a general right to know who you are. Whether the details of the case will become part of the public record depends on how the claim proceeds. With that being said, court cases are (usually) public records—and the parties are (usually) not anonymous. Here is an overview:
- Settlement Negotiations (Can Be Kept Confidential): Settlement negotiations offer a level of privacy not available in court proceedings. These negotiations are typically conducted behind closed doors, and the details can be kept confidential by mutual agreement of the parties involved. Many claims are settled without many (or any) public details.
- Court Proceedings (Presumptively Public Record): Court proceedings, on the other hand, are typically public. This means the details of the case and the identities of the parties involved may be accessible in public records. However, there are exceptions.
Courts Have Authority to Preserve Claimant Anonymity When Warranted
While legal claims that go to court are public records in Kentucky and Indiana, the claimant/plaintiff (victim) may be able to remain anonymous in certain circumstances. Courts presume that parties will not be anonymous. However, in sensitive situations, at the discretion of the judge, a court can allow a victim to keep their anonymity—meaning their name will not be published. They may simply be listed in court documents as “John Doe,” “Jane Doe,” or another pseudonym. Here are some notable cases in which the victim may be permitted to remain anonymous:
- A sexual assault claim
- A sexual abuse claim
- A personal injury claim involving a minor
- A whistleblower lawsuit
We Fight for the Rights of Victims in Kentucky and Indiana
At Noakes Law Group, our firm is devoted to fighting for justice, accountability, and financial compensation for victims. We strive to preserve the anonymity of our clients to the maximum extent possible under the law. Call us now or contact us online for your free case review. Initial consultations are always strictly confidential. Your privacy is our priority. With offices in Prospect and Indianapolis, we fight for the rights of victims throughout Kentucky and Indiana.
By choosing Noakes Law Group, you can be assured that we will handle your case with the utmost sensitivity and confidentiality, helping you navigate the legal process while prioritizing your privacy and well-being.