Are Personal Injury Settlements Public Record?

Each Mesa personal injury lawyer within our multiskilled team appreciates that many personal injury accident claimants are looking to protect their privacy and keep the circumstances of their compensation claim from the public eye. The good news is that around 95% of personal injury settlements are resolved out of court and can be kept entirely confidential. You do not need to disclose more information than you wish to or share the amount you have been awarded.

Normally, the only scenario in which the circumstances of a personal injury claim would become public record would be if the case escalated to trial litigation in court, in which case the court would record the details, which are accessible to the public.

How Can I Keep My Personal Injury Compensation Payment Private?

There are numerous reasons you may want to safeguard your privacy or ensure that anybody outside of your circle of family and friends is unaware of the amount a negligent third party has compensated you. Following a serious accident, you may, for example, be awarded a substantial amount to compensate for loss of earnings, medical expenses, and long-term impacts on your life–and publicizing a large compensation payment could potentially expose you to targeted fraud attempts.

Are there caps on personal injury settlements in Arizona? The state prohibits any limits on the amount you can be awarded, and compensation payments might range from a few thousand dollars to considerably more if the accident was serious and the impacts on your health permanent.

At Gage Mathers, our focus when working with any personal injury claimant is to assess the viability and strength of your claim and to understand your priorities. Although most cases settle out of court, we can also offer guidance throughout the process to ensure you reach a fair, reasonable settlement agreement.

Why Do Personal Injury Court Cases Become Public Knowledge?

The court system must log all the evidence, rulings, and judgments made within a hearing. If the case is subject to a full trial, requiring a jury, then all the information presented to the jury has to be recorded. That information can include:

• The arguments on either side of the case
• Testimonies and witness statements
• Details of the injury suffered
• The value of compensation awarded

Interested parties looking for information about the settlement amount awarded following a lawsuit would need to visit the courthouse and ask for copies of the court file. They may also be able to obtain copies through online resources offering public legal records.

While you might prefer an expedited, discreet, out-of-court settlement, there are circumstances when you may instruct us to proceed with further legal action, accepting that the case details will be public. These less usual situations might include cases where you want to pursue additional damages, feel the original settlement was deliberately unfair, have experienced further harms that justify separate or subsequent claims or have received a settlement that excluded damages.

Is an Out-of-Court Personal Injury Settlement a Matter of Public Record?

In most personal injury cases, the Gage Mathers team reaches an agreed compensation value with the third party responsible for the accident without needing a court hearing. Most defendants, insurance companies, and businesses liable following an incident hope to keep this away from the public eye to avoid reputational damage.

A settlement is a private agreement between you and the person or company at fault. We negotiate with the relevant representatives, advocating for your rights and ensuring you claim the full compensation and damages you are entitled to.

This starts with a private, complimentary appraisal where we look at the facts of the case, provide advice about the likely outcomes of a personal injury claim, and walk you through the next steps so you know what to expect and are happy to proceed. From there, we investigate every aspect of the accident to determine fault, document evidence of negligence, and put together a robust case to demonstrate the duty of care that was breached and resulted in your injury.

Finally, we present this case with a professionally calculated damages value based on every cost, impact, and financial repercussion of the injury you have suffered. If an insurance company refuses a valid damages claim or insists on an unreasonable compensation valuation, we may recommend proceeding to court to ensure your rights are upheld, and the at-fault party is held accountable.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile