When you’ve been injured due to someone else’s negligence—whether at a workplace, private property, or during a confidential business interaction—you may feel stuck if you’ve signed a Non-Disclosure Agreement (NDA) or confidentiality clause.
Can that agreement prevent you from filing a personal injury claim?
The short answer: usually not. But it can make the process more complex.
In this article, we’ll walk through what NDAs actually cover, when they can (and can’t) limit your legal rights, and how to approach a personal injury claim if a confidentiality agreement is involved.
What Is an NDA or Confidentiality Agreement?
A Non-Disclosure Agreement (NDA) is a legal contract used to protect sensitive information. NDAs are commonly used in business settings, employment contracts, clinical trials, and even high-net-worth private property arrangements.
These agreements typically state that the signee cannot:
- Disclose private business operations
- Discuss proprietary methods or client data
- Share confidential medical or legal processes
- Speak publicly about incidents or events related to the party involved
But NDAs are not blanket protections for all situations. They do not give the signing party immunity from personal injury liability, especially when negligence or unlawful conduct is involved.
Can an NDA Prevent You from Suing for Personal Injury?
In most cases, no—an NDA cannot stop you from seeking legal compensation for physical or psychological harm caused by another party’s negligence or misconduct.
Here’s why:
1. NDAs Do Not Waive Legal Rights to Personal Injury Claims
Unless an NDA includes very specific waiver language, it does not prevent someone from filing a personal injury lawsuit. Most NDAs focus on trade secrets or reputation protection—not bodily harm.
Even if the language seems broad, courts typically do not enforce NDA clauses that interfere with a person’s fundamental right to seek justice after an injury.
2. NDAs Cannot Shield Illegal Behavior
If a party’s conduct was reckless, dangerous, or illegal—and it caused injury—no NDA can protect them from liability. Public policy prohibits any contract from enabling harm or suppressing evidence of illegal acts.
This is especially important in cases involving:
- Unsafe working conditions
- Assault or abuse
- Workplace hazards
- Negligent property maintenance
- Harm during confidential research or testing
3. Injuries May Not Involve Protected Information
Even if you signed a confidentiality agreement, your injury may have occurred outside the scope of protected topics. For example:
- You fell on an unmarked wet floor at a corporate headquarters.
- You suffered a head injury due to faulty lighting during a confidential meeting.
- You experienced psychological trauma during a “secret” company event.
In these cases, the injury relates to physical conditions—not the protected information—and your legal rights remain intact.
When an NDA Could Complicate a Claim
While NDAs don’t usually stop personal injury claims, they can complicate the path to recovery in several ways:
1. Restricted Evidence Use
If your injury occurred during a confidential situation (e.g., a private product demonstration or experimental medical procedure), disclosing specifics about the setting might violate the NDA.
Your attorney may need to:
- File for a protective order allowing limited disclosure in court
- Petition to have some evidence sealed
- Work with a judge to define admissible evidence while protecting trade secrets
2. Gag Clauses or Reputation Clauses
Some NDAs include clauses designed to protect a company’s image. These may try to prevent you from “disparaging” the business publicly—even if you were hurt.
While such clauses do not override your legal rights, they might discourage you from speaking out—making legal representation even more important.
3. Settlement Agreements After the Fact
If you were already injured and signed a settlement agreement with a confidentiality clause, this could limit your ability to re-file claims or speak publicly. These clauses are more enforceable than pre-injury NDAs and require a different legal analysis.
Steps to Take If You’ve Been Injured and Signed an NDA
If you’ve suffered harm and signed a confidentiality agreement, take the following steps immediately:
Seek Medical Attention
Your health comes first. Be sure to get treated right away and keep detailed medical records of your diagnosis, treatment, and any ongoing symptoms.
Don’t Break the NDA Prematurely
Until you’ve spoken to a lawyer, don’t start discussing the incident publicly or on social media. Let your legal team review the agreement first to determine what’s enforceable and what’s not.
Consult a Personal Injury Attorney
Bring the NDA or confidentiality clause to your legal consultation. An experienced attorney can:
- Review the language for enforceability
- Identify what information can be safely disclosed
- Determine if a protective order is needed
- Guide you on what steps to take next
Every case is different—and every NDA has its own language—so legal guidance is essential.
Do Courts Support NDA Protections Over Injury Claims?
In general, courts do not favor contracts that suppress harm. New York courts—and others across the U.S.—routinely strike down NDA clauses that try to block:
- Whistleblower activity
- Claims related to workplace injury
- Lawsuits for sexual assault or abuse
- Claims that involve criminal or public safety concerns
Even high-profile corporations have lost NDA enforcement battles when they tried to silence injured parties. If your injury was serious and involved negligence, public policy is likely to weigh in your favor.
Conclusion:
If you signed a Non-Disclosure Agreement and later suffered a personal injury, don’t assume you’ve forfeited your right to justice. Most NDAs aren’t written to cover physical harm—and even if they try, the courts may refuse to enforce them.
You deserve a voice. You deserve compensation. And you deserve a legal team that knows how to handle complex cases involving confidential agreements and injury law.
At Alan Ripka & Associates, we’ve handled sensitive cases involving NDAs, private employers, clinical settings, and more. We understand how to navigate both confidentiality and injury law, so you can pursue justice without fear of breaching a contract.
Contact us today for a private, no-obligation consultation. We’ll review your NDA, assess your case, and fight to ensure your rights are protected—both legally and personally.
📞 Call now or visit alanripka.com to schedule your consultation.
