When someone receives a personal injury settlement, one of the first questions they often ask is:
“Will this become public record?”
Whether you’re pursuing compensation for a car crash, slip and fall, medical malpractice, or another injury, privacy matters—especially when large sums or sensitive details are involved.
The answer? It depends on how the case is resolved. Some settlements remain entirely private, while others become part of the public record through court filings. Here’s what every client should know about settlement confidentiality, and what to expect during and after the process.
⚖️ Is a Personal Injury Settlement Public or Private?
✅ Private Settlements (Most Common)
The majority of personal injury cases settle out of court, before ever going to trial. These private settlements are typically confidential and not public record.
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Negotiated between the plaintiff (injured party) and defendant (or their insurance company)
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Terms are usually outlined in a private agreement
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May include a confidentiality clause preventing either party from discussing the terms publicly
📂 Settlements Filed in Court
If a lawsuit has already been filed in court, and the settlement occurs during litigation—or is approved by a judge—then some aspects of the settlement may become part of the public court record, such as:
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That a settlement occurred
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The fact that the case was dismissed
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In rare cases, the settlement amount, if not sealed
However, most attorneys will request that any sensitive information be sealed or kept confidential if privacy is a concern.
🤐 What Is a Confidentiality Clause?
A confidentiality clause is a standard part of many settlement agreements. It states that neither party can disclose the terms of the settlement, including:
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The amount of money paid
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The identity of the defendant
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Any admissions of fault or liability
Violating a confidentiality agreement can lead to legal penalties, including the forfeiture of settlement funds. This is especially common in high-profile cases or where reputations are at stake.
📜 What Becomes Public If a Case Goes to Trial?
If your case does not settle and instead proceeds to trial, almost everything becomes public, including:
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Testimony and evidence presented in court
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Courtroom transcripts
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Jury verdicts
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Final judgment amounts
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Legal filings and motions
This is one reason why many individuals and companies prefer to settle—to avoid public exposure of private facts.
🧾 Why Does It Matter If a Settlement Is Public?
For Plaintiffs:
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Protects personal medical and financial details
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Avoids social or professional embarrassment
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Keeps the amount received from public speculation
For Defendants:
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Shields businesses or professionals from reputation damage
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Prevents encouraging future lawsuits
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Maintains confidentiality of internal processes or policies
Privacy is often one of the key motivators for choosing settlement over trial.
🧠 Can You Choose to Make It Public or Keep It Private?
In most cases—yes. With the help of your attorney, you can negotiate:
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Whether the settlement is filed in court
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Whether a confidentiality clause is included
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Whether specific facts are disclosed or sealed
You are not obligated to keep your settlement private, but in many cases, it’s strongly recommended, especially if the other party insists on confidentiality as part of the deal.
⚠️ Important Considerations
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Minors or Wrongful Death Claims: Some settlements involving children or deceased individuals must be approved by the court, and the approval may become public.
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Government Defendants: If you sue a public agency or municipality, the terms may be subject to public disclosure laws.
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Tax Implications: Confidentiality clauses may impact the taxability of your settlement in certain situations—talk to a tax professional before signing.
✅ Final Thoughts: Your Privacy Can Be Protected
In most personal injury cases, your settlement can remain private—and never show up in public databases or news headlines. Whether you want to protect your family, your finances, or your reputation, a skilled personal injury attorney can structure your settlement with confidentiality in mind.
Just make sure to discuss your privacy goals early in the process. Once something is filed in court, it’s much harder to pull it back from public view.
Considering a personal injury claim?
Speak with an attorney who understands both the value of your case—and the importance of your privacy.
