Why Confidential Settlements are a “Necessary Evil.”
by Gary Brooks Mims
Keeping a settlement agreement confidential is often a prerequisite for the defendant to agree to a settlement. We have settled many cases for millions of dollars, yet the defendant (or its insurer) will insist upon confidentiality and a release that denies liability. Really…you’re paying millions of dollars but deny you were negligent? Obviously, the defendant knows it is liable, but for several reasons, it does not want others to know. For example, a hospital that settles a wrongful death case may not want other potential plaintiffs to know what the hospital is willing to pay under similar circumstances.