When you settle a personal injury case, you probably expect that once the money arrives, the matter is done. But tucked away in many settlement agreements is a condition that can affect what you say moving forward: a Non-Disclosure Agreement (NDA). While often associated with corporate disputes or employment cases, NDAs are increasingly common in personal injury settlements—and they come with long-term consequences.

So, what does it mean when an NDA is part of your settlement? More importantly, how does it affect your ability to speak out or share your story after your case is resolved? Understanding the reach and impact of an NDA can help you make the right decision when finalizing your claim.

Let’s take a closer look at how NDAs are used in personal injury settlements, what they typically include, and how they can shape your rights moving forward.

What Is an NDA and Why Is It in My Settlement?

A Non-Disclosure Agreement is a clause that limits what you can share publicly about your case. It might prevent you from talking about:

  • The amount of your settlement
  • Who was involved in the case
  • The nature of your injury or how it occurred
  • The claims or allegations made during the legal process

In return for agreeing to keep quiet, you receive the settlement amount—often with the understanding that the other party avoids further public scrutiny.

Why Do Defendants Push for NDAs?

Defendants—especially businesses, hospitals, or insurers—frequently include NDAs to:

  • Protect their public reputation
  • Avoid encouraging more lawsuits
  • Keep other settlements confidential to avoid setting a pattern

For them, it’s about control. Keeping the case private helps limit future legal exposure and media coverage.

Are NDAs Enforceable?

In most cases, yes. Courts will enforce NDAs if:

  • Both parties signed voluntarily
  • The terms are clear and not overly broad
  • The agreement doesn’t cover illegal activity or hide misconduct from authorities

Some jurisdictions are taking a closer look at NDAs, especially when they silence victims of misconduct. For example, New Jersey has placed restrictions on using NDAs in cases involving harassment or discrimination in the workplace. While these rules may not directly apply to personal injury claims, they reflect a growing concern about overuse.

Benefits and Risks of Agreeing to an NDA

NDAs aren’t inherently harmful—but they’re not right for everyone. Consider the following:

Why Some Plaintiffs Agree:

  • Faster resolutions: Defendants may settle more quickly and for more money when privacy is guaranteed.
  • Personal privacy: You may prefer not to have your name or injury details in the public domain.
  • Avoiding court: Trials are public and unpredictable; an NDA might be part of a deal to stay out of court.

Reasons to Think Twice:

  • You can’t tell your story: Publicly discussing the case could violate the NDA.
  • Advocacy limitations: If the case highlights systemic problems, your ability to speak out may be restricted.
  • Risk of breach: Even an accidental mention could result in consequences like repayment or legal action.

Key Things to Review in a Settlement NDA

Not all NDAs are created equal. When reviewing a proposed agreement, watch for:

  • Restrictions that apply even to facts already in public records
  • Language preventing you from talking to family or close friends
  • Clauses that limit you from speaking to professionals like financial advisors or therapists

You may be able to negotiate exceptions that protect your personal and legal interests.

Can You Decline an NDA?

You can, but it might affect whether the defendant agrees to settle. Some will insist on confidentiality as a non-negotiable term. In those cases, you’ll have to weigh your desire for closure and compensation against your right to speak out.

Working with an attorney can help you explore your options. Sometimes, it’s possible to reach a compromise or tailor the language of the NDA to better suit your needs.

Call Brandon J. Broderick For Legal Help

NDAs in personal injury settlements are more than just fine print—they can shape your rights long after your case is over. If you’re reviewing a settlement offer that includes a confidentiality clause, don’t go it alone.

At Brandon J. Broderick, Attorney at Law, we help our clients understand exactly what they’re signing. We’ll break down the terms, explain what’s negotiable, and fight for an agreement that protects both your privacy and your future.

Contact us for a free consultation.

Still have questions?

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