The Confidentiality Agreement Personal Injury Settlement is essential when parties resolve a personal injury claim and wish to maintain privacy regarding the settlement terms. This document is commonly used across all U.S. jurisdictions when settling various types of personal injury cases, including auto accidents, workplace injuries, medical malpractice, and product liability claims. It protects both parties' interests by preventing public disclosure of settlement amounts and negotiations while ensuring compliance with federal laws like HIPAA and state-specific settlement requirements. The agreement typically includes provisions for permitted disclosures (such as to tax advisors or immediate family), consequences of breach, and duration of confidentiality obligations.
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1. Parties: Identification of settling parties and their representatives
2. Background: Brief description of the underlying incident and litigation
3. Definitions: Key terms including 'Confidential Information', 'Settlement Amount', 'Incident'
4. Scope of Confidentiality: Specific information covered by the agreement
5. Permitted Disclosures: Circumstances under which disclosure is allowed
6. Duration: Time period for confidentiality obligations
7. Breach and Remedies: Consequences of violating the agreement
1. Medicare Compliance: Required when Medicare has paid medical expenses and is a secondary payer
2. Tax Implications: Section addressing allocation of settlement for tax purposes when settlement includes multiple types of damages
3. Return of Materials: Requirements for returning confidential documents when physical documents were exchanged
1. Schedule A - Settlement Payment Details: Breakdown of settlement amount and payment terms
2. Schedule B - Permitted Disclosures: List of specific allowed disclosures and recipients
3. Schedule C - Approved Statement: Pre-approved public statement about resolution, if any
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