A New York Defense Lawyer Explains When Faking An Injury Is A Crime
Faking an injury in order to try to obtain money from an individual or from an insurance company can be a serious crime. There are many different scams which take the form of faking an injury scenario. Involvement in any of these scams can result in criminal charges brought by state prosecutors or could result in federal criminal charges.
Bukh Law Firm, PLLC provides representation to people accused of involvement in a scam in which they fake an injury. We can assist you in developing a strategic defense strategy if you are accused of defrauding an insurer or an individual. Give us a call to fight charges you face so you can try to keep your freedom and avoid financial loss.
Talk To A Car Accident Lawyer
Ultimately, if the other driver is suing you, and you and your lawyer are convinced that the claim is fraudulent, your best course of action may be to let the car accident lawsuit process play out until the time comes to ask the court to order the other driver to submit to an independent medical examination . If the court grants this request, then the true nature and extent of the plaintiff’s injuries should become clear.
If it turns out that the plaintiff’s claimed injuries can’t be medically substantiated, there’s a chance that the lawsuit could be dismissed, and if the lawsuit is deemed “frivolous,” the defendant might be ordered to pay you.
If you’re ready to discuss your situation and your options with an experienced legal professional, learn more about how a car accident lawyer can help.
What Qualifies As Personal Injury
Personal injury implies any type of injury sustained in accidents. These types of injuries may arise from car accidents, slip and fall accidents, defective products, or wrongful death claims. On the other hand, bodily injury is more limited and may imply injuries sustained by another person, usually in a car accident.
Recommended Reading: Head Injury Headache Years Later
How Is The Personal Injury Court Scripted And Filmed
For this part, lets consider one actual episode from the show.
In one case, a lady trying on a wedding gown fell off a platform breaking her leg. Do you remember this one?
Recall Brogdons composure and wit when dealing with this case.
The producers ensure that Brogdon articulates the underlying legal principles in the case to educate you.
In this episode, Brogdon split the difference down the middle as both parties bore some fault.
Contact Our Product Liability Attorneys
Were you hurt because of a fake product? Are you wondering who to hold accountable? At Adam S. Kutner & Associates, we can help you take all of the necessary steps to find the responsible party and hold them responsible for your injuries.
Let our legal team handle the investigation, legal drafting, and pursuit of your claim. We offer full-service legal services for all accident victims. Contact us today for a free and confidential conversation about your claim.
Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S. Kutner and the user of this site. In the event that any information on this web site does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Resuming Work And Lifestyle
If your patient has resumed their work duties and pre-accident lifestyle, discuss with them if their injury is limiting their ability to function and ask if their job duties have been modified or if accommodations have been made. Check whether they have followed your advice on limiting their physical strain. As a medical expert, you are best suited to determine if your patients work function and lifestyle are in line with their reported pain and injury. If not, you might suspect that they are faking pain.
You’re On The Financial Hook If You’re Uninsured
If you’re uninsured, and the other driver files a personal injury lawsuit against you, then you could be financially responsible for all of that person’s losses resulting from the accident , including their medical bills, their lost income, and their mental and physical “pain and suffering”. So a fake or greatly exaggerated injury is very much your concern.
What To Do If You Suspect Your Patient Is Faking Pain
Even experienced doctors face challenges determining fake pain. If you suspect your patient is faking pain or exaggerating an injury, you can reflect your medical opinion on the patients records. These records are then shared with both the patients lawyer and the insurance companys defence team.
When in doubt, you can always send your patient for tests or to a specialist for a second opinion to determine if they are, in fact, faking an injury. Insurance surveillance can also help determine fake pain if there is any suspicion.
When you do have patients with a legitimate personal injury, use your medical notes to help support their case and ensure that they get the best possible financial outcome to help them heal. To learn more about preventing fraudulent personal injury claims, consult the resources on GosaiLaw.com or contact Gosai Law to refer an injured patient for legal help.
How Is The Private Damage Courtroom Scripted And Filmed
For this half, lets think about one precise episode from the present.
In a single case, a girl making an attempt on a marriage robe fell off a platform breaking her leg. Do you keep in mind this one?
Recall Brogdons composure and wit when coping with this case.
The producers be certain that Brogdon articulates the underlying authorized ideas within the case to coach you.
On this episode, Brogdon cut up the distinction down the center as each events bore some fault.
DID YOU KNOW?
Gino Brogdon was a authorized analyst for CNN.
Also Check: Does Bodily Injury Cover Pain And Suffering
Do Some Online Sleuthing To Uncover A Fraudulent Injury Claim
You have some detective work to do if you think the person is faking their injuries. Besides building a case through witnesses, pictures, and the police report, you can go online.
Your goal is to try to uncover evidence of the person acting in a manner that is inconsistent with their claimed car accident injuries. Google, Facebook, Instagram, and other sites are excellent investigative devices, especially if the injured person has a significant social media presence, and is in the habit of posting lots of textual/visual evidence of his or her daily life.
For example, if you learn that the other driver is training for a half-marathon or just spent a weekend building houses for Habitat for Humanity, participation is activities like that can indicate that a debilitating knee injury is being faked.
New Syndicated Tv Show ‘personal Injury Court’ Features James Scott Farrin’s Very Own Litigation Attorney Hoyt Tessener
Attorney Hoyt Tessener, from the North Carolina-based Law Offices of James Scott Farrin, will be featured as one of a select few attorneys from across the U.S. to provide legal commentary in the new syndicated TV show, Personal Injury Court. Season 1 started airing September 16, 2019.
News provided by
Don’t Miss: Fall On Knee Injury Treatment
Figuring Out Who Can Sue
You must have standing
First, you need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit in court, you have to be someone directly affected by the legal dispute you are suing about. In legal terms, this is called having standing to file the lawsuit.
For example, in a case for personal injury, you have to be the one to have actually suffered the injury in the accident. You cannot just be a person who was standing nearby and sue the person who caused the accident if you did not suffer any damages.
In the cases this website deals with, standing to sue is very clear. A landlord can sue a tenant to evict him or her. One spouse can take the other one to court for divorce. A customer can sue the store that sold her a broken camera for reimbursement. A parent can take another parent to court for custody of the children.
If you do not have a clear connection to the lawsuit you want to file, talk to a lawyer to make sure you have the legal right to sue in that case.
You must be a natural person or a legal entity
Only an actual legal entity may start a lawsuit.
You must have legal capacity
A person must have the legal capacity to be a party to a lawsuit.
Someone with a legal disability can generally only file lawsuits through a legal representative, like a parent, a guardian, a trustee, or an executor.
Some people considered to have a legal disability are:
Naming The Right Entity In A Product Knockoff Injury Case
Although it may be challenging to hold the original product manufacturer liable for your injury, there are still many entities that may be held accountable. Any legal entity that has legal liability is responsible for paying your claim in full. If a company was involved in the manufacture or distribution of a product knockoff, they might be responsible. The damages that you can recover are the same damages that you may recover in any personal injury suit.
Recommended Reading: New Jersey Personal Injury Attorneys
Fake Accident Claim Red Flags
If you are involved in an accident, be especially wary if the other driver wants you to pay them cash on the spot for minor car damage.
They may act like theyre trying to do you a favor by keeping your insurance company out of it. In reality, they are happy to pocket your cash and a few days later file a fake claim against you with your insurance company.
Red flags of being set up for a scam include:
How Do People Rate Personal Injury Court
Sorry for bursting your bubble on this show, folks. I bet you did not see this coming. The show wont hit the same again, huh?
Not to worry Personal Injury Court fans, the show depicts actual events in a court of law.
Furthermore, it derives its script from actual legal proceedings and reasoning. So sit back and enjoy your favorite show!
Don’t Miss: Sleeping With Rotator Cuff Injury
Appellate Court Slashes Pain And Suffering Damages Award In False Imprisonment Case
On August 12, 2008, Howard Wieder entered the vestibule at the Home Depot store in Flushing when he encountered Rosario and Jorge Berg who were arguing with and cursing at a store employee. Ms. Berg then accosted Mr. Wieder, both verbally and physically. Mr. Wieder responded verbally but out of nowhere he was then struck on the back of his head by Mr. Berg and pummeled by Ms. Berg. Wieder then struck Mr. Berg with a punch and ran away.
Home Depot in Flushing
A store security guard caught up with Mr. Wieder a block away and forcefully held him there until police arrived and arrested him. Wieder was handcuffed, put into a patrol car, taken to the police station, charged with assault and harassment and spent a day and night in jail before he was released. A month later, all charges against Wieder were dropped.
Wieder initially commenced suit in state court against Home Depot, the security guard and the Bergs as well as the City of New York and several police officers. The defendants removed the case to federal court where it was dismissed with leave to file state law claims against Home Depot and the security guard. The new case was brought in Queens but administratively transferred to Kings County.
After a trial on the issue of liability, the jury awarded plaintiff pain and suffering damages in the sum of $1,800,000 on the causes of action alleging battery and false imprisonment.
Matching Injury To Accident
As a medical professional, you have likely come across cases that are similar to your current patients injury. If your patient has described a certain type of accident, but their injury type and pain do not seem consistent with that sort of physical damage, it might suggest that they are faking pain. Your medical knowledge helps determine if your patients injury seems consistent with property damage from an accident, and you can pass this information along in your medical notes.
You May Like: How Much Do Personal Injury Lawyers Take
How To Help Lawyers Spot Fraudulent Insurance Injury Claims
Lawyers have a duty to help their clients receive the most appropriate payment, but as officers of the court, they also have a duty to report fraud. Attorneys have ways of spotting fake personal injury claims, but they do not have the thorough medical knowledge to determine when a client is faking pain. They rely on your help, not only to reduce personal injury claim fraud, but also to ensure your legitimately-injured patients get the financial help they need.
Figuring Out Whom To Sue
When you are thinking of going to court and preparing to file a lawsuit, you need to find out exactly whom you should sue. This may seem like a simple issue, but it can be very complicated.
If you have a family law case for divorce or for parentage , or you are filing a restraining order, it is pretty easy to figure out whom you want to file your case against. Make sure you have the persons correct legal name, and, if he or she uses another name sometimes , it is a good idea to include the other name too.
In some cases, figuring out whom you want to sue can seem straightforward. But, depending on the specific circumstances, it may be more complicated.
As you can see, figuring out exactly whom to sue can be very complicated. Once you figure out whom to sue, you need to get some basic information about that person or organization.
Don’t Miss: Can Head Injury Cause Seizures
Ensure Clinical Notes And Medical Records Are Complete
Since lawyers and other officers of the court do not have extensive medical knowledge, they rely on medical records to determine the severity of the claimants injury and their level of pain. This in turn determines the settlement amount. Your records reveal the number and regularity of appointments, injury diagnosis and prognosis, and recommended referrals, requisitions, and consultations. You can attest to the credibility, permanence, and seriousness of an injury.
When your patient has a legitimate injury and is not faking pain, your notes support this. If your diagnosis does not match what your patient is claiming, lawyers will be suspicious that a patient is making a fake personal injury claim. Ensuring that you provide complete medical records to lawyers helps reduce mistaken suspicion of personal injury fraud.
Call 911 After Any Car Accident
In busy jurisdictions, the police may not respond for minor fender-benders. You might not have a police report, but there will at least be a record of your call to 911.
Make a note of what happens at the scene. Pay attention to how the other driver acts and what they say. Jot down a description of each passenger, including age, where they were in the car, and what they do and say. You can ask, but passengers arent required to share their names or contact information with you.
Why Do Litigants Have To Leave Their Papers On Judge Judy
The participants’ travel expenses are paid by the show, as are the monetary settlements. The papers that can’t be removed could be anything: their contracts for the show, the settlement agreements, NDAs, etc. The fact that they can’t take the paperwork is outlined in the contracts they sign to be on the show.
Penalties And Prosecution For Insurance Fraud
As offended as you may be, you wont get far with a civil lawsuit against someone who filed a fake accident claim against you. Youll have a hard time finding an attorney to take your case if your only damages are anger and outrage. Besides, someone who stoops to faking a car accident claim is unlikely to have any assets, even if you win a judgment against them.
Let your insurance company deal with the potentially fraudulent claim. Major insurance carriers have a Special Investigation Unit for handling suspicious claims. Evidence of fraud will be turned over to state or federal authorities for further investigation and prosecution.
State penalties for insurance scams can range from a year in jail and financial penalties for soft fraud, up to several years in jail and thousands of dollars in financial penalties for felony fraud cases.
For example, California Penal Code 548 punishes felony insurance fraud with up to five years in jail and financial penalties up to $50,000. Under New Jersey criminal statutes, filing a fake car accident injury claim falls under the states health care claims laws, and may be punishable by three to five years in jail for just one fake claim.
Large-scale hard fraud is a federal crime that will be investigated by the FBI and other federal agencies. A conviction for federal crimes is punishable by incarceration in federal prison.
Case Example: Multi-Million Dollar Car Insurance Fraud Scheme
Per the US Attorneys office:
Read Also: Group Homes For Spinal Cord Injury
Who Acts In Private Damage Courtroom
As you might have famous, the present is properly documented to epitomize the standard court docket setting.
There are witnesses, a defendant and the claimant.
Every occasion dramatizes its position in a mock trial.
The claimant alleges and proves whereas the defendant makes an attempt to debunk their claims.
In the long run, Brogdon arrives at a well-reasoned authorized resolution then bangs the gavel!
The present is a re-enactment of precise court docket instances with pertinent private data omitted.
The claimants and defendants semi-scripted renditions of the particular court docket occasions.