Any personal injury lawyer can help you when filing a personal injury claim, but chances are very slim if you want to fake one. Whenever you fake a personal injury and acquire money from an individual or an insurer inappropriately, you’ll be accused of criminal offenses. Thus, you’ll be charged with a crime ranging from theft to an insurance scam.
Statistics indicate that insurance scams are responsible for $29 billion in yearly damage to auto insurers. Insurance fraud may seem harmless at first. But, it may come with many severe consequences that affect the victim’s well-being. An example includes cases of staged accidents associated with personal injuries.
Usually, the potential penalties charged to you will depend on the nature of the fraud. It will also be determined by the amount of money acquired unlawfully. So, anytime you make a personal injury claim, make sure you act by the rules. Avoid overstating injuries and any hint of fraud.
What is a False Personal Injury Insurance Claim?
Personal injury-related insurance fraud is an act that causes an insurance company to repay you for an injury that:
- Doesn’t exist
- Is exaggerated
- Doesn’t relate to any accident that the policy covers
Such may include planning a fake accident. It may also involve exaggerating or faking the nature and magnitude of the injuries. As a result, you can be liable for deceitfully filing an injury-related insurance claim even though you don’t make false representations.
How a Personal Injury Attorney Can Help
A lawyer for personal injury can offer you legal representation. This is if you’ve been accused of involving yourself with any scam where you fake an injury. The attorneys for personal injury represent those charged with either state or federal crimes.
An experienced legal team can help you mount a solid defense for even the most serious allegations. They aim to help you develop the right legal strategy to avoid or minimize the consequences of penalties.
The evidence present and the nature of the charges will establish whether the strategy involves fighting for a not guilty verdict, dropping charges, or negotiating a plea. Your particular state also matters a lot.
If you’re in Texas, the Pasadena personal injury lawyer provides representation whenever you’re accused of getting involved in a scam of faking an injury in TX. They can help you develop a strategic defense in cases where you are charged with having defrauded an insurer or individual. That way, you can maintain your freedom and avoid financial loss.
Do not hesitate to get legal help immediately if you’ve been accused of any wrong relating to a fraud scheme or faking an injury. The lawyer for personal injury has vast experience in representing clients in personal injury cases.
As an accident injury victim, they can help you obtain the justice and compensation you deserve by advocating for your rights under Texas law.
The Civil and Criminal Consequences of Faking a Personal Injury Claim
Charges By the Insurance Company
If you file a false personal injury claim, you can be chargeable to the insurance company and might end up facing criminal charges. The fraudulent personal injury claim can cause the insurance company to take the following actions against you:
? Denial to Award the Claim.
This is the least severe consequence that the insurance company may charge you for filing a fake personal injury claim. In this case, they’ll only deny the claim. As a result, the insurer will not repay you for any losses linked with the claim.
? Insurance Coverage Cancellation
The insurance company may also drop the claimant as their customer. Usually, fraudulent insurance claims are handled by the state department of insurance. The insurance companies keep checking this regularly.
So, most coverage contracts allow an insurance company to cancel an individual’s policy without notice. This is if the policyholder is involved in any fraudulent claim.
Thus, once you appear on a list showing that you’ve filed a false insurance claim, it’s unlikely that you can obtain the insurance coverage again in the future.
? Lawsuit Awards
If the insurance company has given you any money, they will ask you to return it. If you fail to refund the whole amount, the insurance company may file a lawsuit against you.
In the lawsuit, the insurance company can legally restore the total amount of losses it experienced due to your fraudulent claim. This includes the amount it funded you, plus the costs incurred to investigate your fraudulent claim.
If your actions were particularly horrifying, the insurance group could also reclaim punitive damages or damages for punishing bad conduct. Worse still, the cost of punitive damages can be tough on you. It can double or quadruple the original size of the claim the insurance company charged against you.
And, if you cannot pay the damages, the insurer could appeal a lien in court, in this case, a judgment lien. Once granted, the insurer could prevent you from selling or benefitting from some of your assets. This means that they remain entitled to the proceeds. The insurance company can also receive legal permission to take your wages.
Criminal Consequences
Despite your state of residence, filing a fraudulent insurance claim is a crime punishable as wrongdoing. Usually, the punishment varies from one state to another and depending on the severity of the fraud case.
? Misdemeanor False Insurance Claims
Most fake injury-related insurance claims are misdemeanors. It applies if you exaggerate the claim or make a misrepresentation of the claim. For example, if you claim that your motor vehicle is stored in a garage yet you always park it somewhere else in town. Such a misdemeanor can lead to a fine, probation, or even jail time.
? Felony False Insurance Claims
Fake insurance claims involving the destruction of property can often lead to a felony conviction. For instance, destroying a car through firebombing or staging a collision to claim insurance compensation. A felony can lead to a fine and jail time.
Key Takeaways
Honestly, the chances of making some extra money can lure many people. But the money gained can never exceed the negative consequences you can face in fake claims. That’s why fraudulent personal injury claims are often very damaging.
Whenever you engage in personal injury fraud, it may cause severe legal consequences. Like other fraud charges, it can result in criminal misdemeanor charges. The judgment of a criminal misdemeanor may lead to criminal fines or even jail time.
Nonetheless, if you’ve been accused of involving yourself with any scam where you fake an injury, a lawyer for personal injury can offer legal representation. A well-versed legal team can help you raise a solid defense for even the most serious allegations. They aim to help you develop the right legal strategy to avoid or minimize the consequences of penalties.
