What is a Confidential Settlement Agreement?

Resolving personal injury claims often involves the negotiation and execution of settlement agreements between parties involved. However, some agreements include a confidentiality provision, which prohibits the parties from disclosing the terms and details of the settlement to anyone outside of those directly involved in the agreement.

Key Components of a Confidential Settlement Agreement

A confidential settlement agreement is a legally binding contract between the injured party (plaintiff) and the at-fault party or their insurance company (defendant), wherein the parties agree to resolve the personal injury claim through a negotiated settlement. In such agreements, the parties agree to resolve their dispute and refrain from disclosing the terms of the settlement to the public or any third parties. This confidentiality provision is often a fundamental component of the agreement and may encompass various aspects, including the settlement amount, terms of payment, and any other provisions agreed upon by the parties.

Benefits of Confidentiality in Settlement Agreements

Confidentiality in settlement agreements serves several important purposes:

• Privacy Protection: Confidentiality shields the parties involved from unwanted public scrutiny and preserves their privacy regarding sensitive personal and financial matters.
• Prevents Precedent: By keeping the details of the settlement private, parties can avoid setting precedents that may impact future negotiations or similar cases.
• Avoids Adverse Publicity: Confidentiality prevents the parties from being subject to negative publicity or public backlash that may arise from the details of the settlement becoming public knowledge.
• Encourages Settlement: Confidentiality can encourage parties to reach settlements by allowing them to resolve disputes without the fear of damaging their reputations or public image.

Drawbacks and Considerations

While confidential settlement agreements offer advantages, there are also potential drawbacks and considerations to be aware of:

• Limited Transparency: The confidentiality provisions of settlement agreements restrict transparency and public accountability, potentially shielding wrongful conduct from public awareness or scrutiny.
• Enforceability Challenges: Ensuring compliance with confidentiality provisions can be challenging, particularly if breaches occur and parties seek legal remedies to enforce the terms of the agreement.
• Loss of Precedential Value: Confidential settlements may prevent the establishment of legal precedents or case law that could guide future similar disputes, limiting the development of jurisprudence in relevant areas.
• Public Perception: Confidential settlements may be perceived negatively by some stakeholders, leading to speculation or criticism regarding the motives or actions of the parties involved.
• Tax Implications: Typically, compensation received for personal physical injuries or illnesses is non-taxable. However, inclusion of a confidentiality clause in the settlement alters this scenario. The IRS views payments linked to non-disclosure agreements (NDAs) as a portion of the settlement sum provided to prevent disclosure of the agreement’s details. Consequently, the IRS mandates taxation on the portion deemed to be exchanged for confidentiality. 

What Happens if You Breach a Confidential Settlement Agreement?

The penalty clauses found in confidential settlement agreements frequently stipulate that if confidentiality is breached, the party at fault (usually the plaintiff) must either:

1. Return the entirety of the settlement sum or
2. Pay “liquidated damages,” as previously discussed.

Additionally, there are often stipulations related to the failure to fulfill the mandated penalty, which can result in the responsible party being held financially liable for the expenses and legal fees incurred by the insurance company in pursuing further legal action to recover the owed amount.

Speak to an Attorney First

Before agreeing to a confidential settlement, it is critical to consult an experienced Albuquerque personal injury lawyer. They can advise you on the potential benefits, implications, and consequences.