How to Avoid Accusations of Personal Injury Fraud
When filing a personal injury claim, there are two reasons why it is important to gather evidence that you are injured. One is to have a more solid case for when you ask for a settlement. The more solid your case, the more likely that you will be able to settle for a larger amount. A second reason for why you need to have enough evidence to support your case is the issue of fraud. You must prove that you are not trying to submit a fraudulent personal injury claim.
Understanding Personal Injury Fraud
Personal injury fraud is a situation in which an individual attempts to receive compensation for a non-existent or exaggerated injury. Another example of personal injury fraud is when an individual has suffered an injury and tries to blame it on an unrelated event in an attempt to receive compensation. For example, if a plaintiff is careless in a manner that causes the plaintiff to suffer a firework injury, causing burns, and the plaintiff later tries to blame the burns on a defective product and seek compensation, this would be fraudulent. It is also possible for the claim to be fraudulent if the plaintiff simply fail to disclose information that he or she is required by law to disclose.
Consequences for Committing Fraud
When a claim is found to be fraudulent, the plaintiff will not win the case. If the claim is submitted to an insurance company, the insurer may drop coverage. The individual will be required to reimburse the defendant or insurer. There may also be punitive damages. In the most extreme cases of hard insurance fraud, which usually involve the destruction of property, the consequences may include jail time.
Hard & Soft Personal Injury Fraud
Personal injury fraud is divided into soft and hard fraud. Soft fraud is opportunistic. The plaintiff may have actually suffered an injury, but tries to inflate the claim and exaggerate the injury. To avoid this, it is essential that you be honest about whatever injuries you experience and any pain you have suffered. The more extreme form of fraud is hard fraud. This occurs when an accident is staged and there is premeditation.
In order to avoid being accused of fraud, it is important to hire a personal injury attorney. He or she will make sure that your claim is accurate and will gather evidence to prove that the injury occurred. Resources like Spesia & Ayers Attorneys At Law can help you further.
