You make a claim against a liable party and the defendant finally agrees to settle. However, the defendant insists that the release does NOT include any admission of fault. Is it OK to sign that release?
Yes! It happens all the time, in small cases and large.
Real World Example
For example, thousands of people filed lawsuits against Monsanto/Bayer claiming that the weedkiller caused their cancers. After years and years of litigation, the Roundup litigation resolved for $10 BILLION. However, Monsanto/Bayer insisted that the settlement not contain an admission of wrongdoing or liability. Seems silly that it would agree to such a large settlement if it did not do anything wrong, right? Would you? Probably not. But would you turn down $10,000,000,000 to make a point? Probably not, either.
Discussion
If you have any questions about the release in your personal injury settlement, it is ALWAYS a good idea to discuss it with your attorney before you sign.
Settling a lawsuit without an admission of guilt by the defendant is a common legal strategy used to resolve disputes without the need for a trial. In such cases, the defendant agrees to pay a settlement or take specific actions, but formally denies any wrongdoing or liability. This approach benefits both parties: the plaintiff receives compensation or resolution more quickly, while the defendant avoids the uncertainty, expense, and public scrutiny of a prolonged court battle. It’s especially common in civil cases, including personal injury, employment disputes, and business litigation.
For defendants, settling without admitting guilt allows them to close the case without having a judgment of liability on their record, which could otherwise impact their reputation, business relationships, or future legal standing. By avoiding an admission, they may also limit their exposure in related cases, such as class action lawsuits or regulatory investigations. The settlement often includes language stating that the agreement is not an acknowledgment of fault but rather a resolution to avoid the burden and cost of litigation.
From the plaintiff’s perspective, accepting a settlement without an admission of guilt can still be a practical and worthwhile outcome. While it may not offer the satisfaction of a formal acknowledgment of wrongdoing, it provides tangible compensation and a sense of closure. Additionally, trials can be unpredictable, and a settlement ensures a guaranteed outcome rather than risking a loss in court. Many plaintiffs also prefer to avoid the emotional toll, time commitment, and privacy invasion that can come with litigation.
It’s important to note that these types of settlements are legally binding and typically include confidentiality clauses or non-disparagement agreements. Once signed, both parties are expected to abide by the terms, and the case is officially closed. Ultimately, a settlement without an admission of guilt is a pragmatic solution that emphasizes efficiency and risk management over formal vindication or punishment, allowing both sides to move forward with their lives or businesses.
While a settlement without admission of guilt may seem unsatisfying to some, particularly plaintiffs seeking accountability, it is often a realistic reflection of how the legal system balances resolution with practicality. Courts are overloaded, trials are expensive, and outcomes are uncertain—making settlement a valuable tool for efficient dispute resolution. Moreover, these agreements do not prevent the truth from coming to light through public discussion or future investigations. In many cases, the willingness of a defendant to pay a substantial settlement—even without admitting fault—can speak volumes and may still offer a sense of validation to the injured party.
Our Mission
At Rosenberg Law, it is always our mission to make everything as clear as possible. We want all involved parties to understand exactly what is involved in the legal process. Are you more interested in a settle agreement or an admission of fault? Obviously, each is the desired outcome but we always keep you updated with each of the options throughout the claim. Our team is dedicated to helping you understand the steps along the way. Read through some of our verdicts and settlements.
Recent Comments