Insurance Fraud Lawyer in Miami, FL
If you or a loved one has been arrested for insurance fraud or contacted by an insurance investigator or law enforcement investigating fraudulent insurance claims, it is critical to consult with an experienced Miami insurance fraud lawyer as soon as possible to ensure that your rights are protected. An experienced insurance fraud lawyer in Miami can help you protect your rights and pursue the best possible outcome in your case.
If you are facing a criminal investigation involving an insurance claim, a defense lawyer can assess the allegations and advise you before you respond to investigators.
We have the knowledge and skill to defend your white-collar criminal case effectively.
What are the Types of Insurance Fraud?
There are many types of insurance fraud. Almost all common types of insurance crimes are felony charges. One of Florida’s most common involves fake motor vehicle accident victims submitting fraudulent insurance claims under personal injury protection policies for medical treatment by medical clinics. Workers’ comp fraud is also one of the most common forms of insurance fraud that law enforcement targets. Over the years, our criminal defense attorneys have defended all types of insurance fraud cases. These cases include healthcare fraud, claims involving homeowners’, commercial, disability, or life insurance, and arson-related insurance claims.
For false-claim charges under section 817.234(1)(a), prosecutors must prove knowledge of a material falsehood or omission and intent to injure, defraud, or deceive the insurer. An honest mistake alone does not establish those elements.
How is Insurance Fraud Charged?
Florida insurance fraud charges commonly arise under section 817.234. More specific laws may apply, including section 440.105 for workers’ compensation fraud. Prosecutors may also bring organized fraud charges when a person obtains property through a systematic, ongoing scheme to defraud.
What is the Punishment for Insurance Fraud?
As with many other fraud crimes, penalties often depend on value. For offenses governed by section 817.234(11), the value of the property involved determines the felony degree:
- Less than $20,000: Third-degree felony, ordinarily punishable by up to 5 years in prison.
- $20,000 to less than $100,000: Second-degree felony, ordinarily punishable by up to 15 years in prison.
- $100,000 or more: First-degree felony, ordinarily punishable by up to 30 years in prison.
Some offenses have separate penalties. Staging a crash or fabricating crash documentation to pursue motor vehicle tort or PIP claims under section 817.234(9) is a second-degree felony carrying a two-year mandatory minimum prison term.
Have you or a loved one been arrested or approached by law enforcement investigating a false insurance claim in Florida? If so, it is extremely important to meet with an experienced insurance fraud lawyer as soon as possible to protect your rights. You need the counsel of an experienced attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
More Resources
Legal Information Institute – Information on insurance fraud with a menu of federal, state, and judicial sources.
Contact an Experienced Miami Insurance Fraud Attorney
Besides facing a possible prison sentence, criminal record, and court costs, an insurance fraud conviction can even make it impossible for you to get insurance coverage in the future. By taking the immediate action of hiring an experienced Miami insurance fraud attorney to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.
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*Due to the large number of people who contact our law firm requesting assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist our criminal lawyers in responding to your inquiry in a timely and appropriate manner.
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