Car accident settlement agreements reached outside of court are not typically confidential in Massachusetts, but they can be. In order to keep the settlement private, you or your attorney would need to express this requirement in the settlement agreement.
If the insurance company does not agree to a satisfactory settlement, you can file a lawsuit against the at-fault driver to pursue more money. Any case that proceeds to formal litigation becomes a public record and is accessible to anyone. In most court cases, all filings, hearing transcripts, motions, and rulings are viewable.
That said, you can request that certain sensitive information, like medical records, be sealed. Private mediation is another possible case resolution method. An experienced Boston car accident lawyer can explain your options for pursuing financial compensation.
How do Settlements and Litigation Affect Privacy?
Settling outside of court through negotiations between insurers does not keep the details of the agreement confidential unless your attorney includes a confidentiality clause in the settlement agreement. Your attorney can discuss your options for preserving your privacy when settling with an insurance company.
If the insurer does not agree to full compensation for your injuries and losses, filing a lawsuit against the at-fault driver may be the only way to recover additional damages. The pleadings, motions, hearing transcripts, and other case-related documents become public once submitted to the court unless a judge seals them.
People concerned about privacy sometimes opt for private mediation rather than a court trial. Mediation proceedings are generally confidential, minimizing public exposure. An experienced personal injury attorney can help you decide which resolution method best suits your interests.
What Are the Benefits of Settling a Car Accident Claim Out of Court?
There are several advantages to settling a car accident injury claim outside of court rather than through litigation:
- Faster resolution: Settling outside of court typically means getting your money much sooner than if you had waited for a court judgment.
- Certainty: Accepting an existing settlement guarantees you a set amount, whereas taking your case to court involves some uncertainty.
- Lower costs: Avoiding lengthy litigation reduces court costs.
- Less stress: Settling avoids the hassle and stress of depositions, trial preparation, and proceedings.
While litigation is sometimes preferable if a fair settlement cannot be reached, there are clear benefits to resolving your case through negotiation when possible. One of our attorneys can help you determine the best path forward.
What Are the Benefits of Filing a Car Accident Lawsuit?
While a settlement is often ideal, there are some situations where suing the at-fault party may be advantageous:
- Inadequate settlement offer: If the proposed settlement amount does not sufficiently cover your damages, a lawsuit may be the best way to pursue a higher amount.
- Seeking additional damages: You will need to go to court if you are hoping for punitive damages. However, these additional damages are only awarded in certain situations.
- Establishing fault: The courtroom process can definitively establish liability through witness testimony.
- Sending a message: Public court proceedings highlight misconduct and prevent repeat offenses. Punitive damages are also known as “exemplary damages” because they intend to make an example out of the defendant.
Most car accident cases settle before trial, even when a lawsuit is filed, and information will be publicized whether or not your case goes to court. An experienced attorney can let you know whether suing is advisable in your situation and what can be done to seal the records.
What Are the Benefits of Pursuing Compensation Through Mediation?
Mediation can be an effective alternative to filing a lawsuit to resolve your car accident injury claim.
Here are some potential benefits of pursuing mediation:
- Confidentiality: Mediation proceedings are generally private, unlike lawsuits, which become public records. This preserves privacy.
- Faster resolution: Mediation can resolve a claim in weeks or months rather than the years litigation can take.
- Lower costs: Mediation involves significantly lower legal costs than a lengthy court case that requires extensive preparation.
- Creative solutions: Through mediation, parties can agree to remedies like structured settlements not available in traditional trials.
While litigation is sometimes necessary if mediation fails, the process often successfully resolves claims with advantages for all involved.
How Can I Find Out About Someone Else’s Car Accident Settlement?
If you want to know whether another person received a car accident settlement and how much it was, you have a few options:
- Records request: You can request records from the court clerk’s office for the county where the lawsuit was filed. This will show if a decision was reached through litigation. However, the details you are looking for may be sealed.
- Ask the parties involved: Directly asking the plaintiff or defendant if they settled out of court and the terms of the agreement is an option. But, of course, they are not obligated to share that information with you.
- Hire an attorney: An experienced lawyer can utilize their professional resources and contacts to investigate whether a settlement was reached and potentially uncover further information through proper legal means.
While car accident settlements are not typically confidential in Massachusetts, there is no guarantee that an attorney will be able to access someone else’s settlement information.
Contact Us for Help With Your Car Accident Injury Claim
If you or a loved one has been injured in a car accident, an attorney from Jason Stone Injury Lawyers can help you decide whether accepting an insurance settlement, going through mediation, or pursuing litigation is right for you.
If preserving the confidentiality of your case details is important, we can discuss your options for avoiding public records. We handle personal injury claims with zero upfront fees, which is part of our Stone Cold Guarantee.
An experienced car accident lawyer from our team can negotiate with the insurance company on your behalf. Contact us today for a free and confidential consultation.
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