Personal injury fraud happens when false information is provided by an individual about their injury claim. Also, it can happen when people file personal injury claims when they did not happen or false evidence is used to prove the alleged injury.
Unfortunately, it is possible for personal injury fraud to occur in various situations and contexts. Similarly to all fraud types, it is illegal and there are legal consequences for the individual caught doing it.
Examples
The individual can perform personal injury fraud in several ways. Some common examples are:
There are many other instances that could be mentioned. People might even hire a truck accident attorney and give them false information to file a claim on their behalf. In this case, the individual is still usually at fault, unless the attorney also engages in illegal activities.
Submitting false evidence online is also considered to be fraud. This is important to understand because there is no defense in the fact that a document was sent through any medium if the intent was to commit fraud.
Legal Consequences
There are serious legal consequences for people caught committing personal injury fraud. It is possible they will receive misdemeanor charges, which lead to jail time and/or criminal fines. Also, the insurance company will take some actions, like:
Denying the personal injury claim.
Revoking awards from insurance lawsuits or settlements.
Canceling the client’s insurance coverage.
Filing civil suits to collect damages stemming from the fraud.
Possible Defenses
When you commit fraud without realizing that you do it, you are not liable. To be charged with personal injury fraud, the opposing party has to prove there was the intent. Basically, this means they need to present evidence or show in any other way that it was your intent to defraud or cheat someone. You need to know that you will do this in order for the charge to happen.
Defenses are possible and you can defend against the personal injury fraud charges. Generally, you need to be aware that the evidence or the statement you presented was false or not truthful when it was presented. It cannot be considered as being fraud when:
There was an honest mistake made as accident facts were presented.
There was no intent to offer fraudulent evidence or make defrauding statements.
The belief was that the information presented was true and it was proven lately to be false. Basically, this means there was no intent to tell lies.
Should You Hire An Attorney?
Several legal issues can appear with personal injury fraud cases. The result can be a very complex lawsuit. As a result, hiring attorneys with experience in representing people charged by personal injury fraud is a very good idea. The attorney can do wonders when it comes to researching relevant laws and letting clients know what the best options are in their cases.