Dublin Insurance Fraud Defense Lawyer

Dublin Insurance Fraud Defense Attorney

The allegation of insurance fraud can be intimidating. The complexity of such allegations, the legal regulations that come with them, and the consequences that can result from a successful prosecution can be altogether overwhelming. However, our Dublin insurance fraud defense lawyers are ready to provide experienced counsel.

It is not uncommon for insurance fraud allegations to be leveled against an individual. From 2022 to 2023, the California Department of Insurance’s Fraud Division received over 12,000 claims of fraud. However, these resulted in only 235 arrests. Often, allegations come from a misrepresentation of facts or events.

At the Law Office of Louis. J. Goodman, we understand that it can leave one unsure of how to respond or to whom to turn. With a skilled criminal defense lawyer in Dublin advocating on your behalf, fraud allegations can be faced with confidence.

Types of Insurance Fraud

There are four general types of insurance fraud, each with its own regulatory laws and unique characteristics that may affect how an allegation is leveled. These are:

• Automobile Insurance Fraud. This commonly consists of making a false statement about a car accident with the intent to receive insurance compensation. When a person makes a false claim about an accident, intentionally damages their vehicle, makes multiple claims on the same accident, or otherwise knowingly presents a false claim of fact to an auto insurance company, this constitutes auto insurance fraud.
• Workers’ Compensation Fraud. This type of fraud is committed when false statements or facts are presented to insurance companies with the purpose of having a worker’s benefits denied or granted. When someone claims a false injury, makes a claim for an injury received in a non-work setting, or seeks compensation for health care they did not receive, this is workers’ compensation fraud.
• Property, Life, and Casualty Fraud. This kind of fraud results from the presentation of false facts surrounding insurance, property, or life claims. These include things like staged burglaries, fraudulent natural disaster claims, “slip and falls,” false food contamination claims, and murder-for-hire plots.
• Disability and Healthcare Fraud. These charges often follow allegations of false disability claims, duplicity in billing health insurers, immunization fraud, and posing as another person to obtain health insurance benefits.

Potential Consequences of Conviction

In California, insurance fraud charges may be filed as a misdemeanor or a felony. The main determinant of this is the amount in question. Typically, under California Penal Code 550, if the alleged theft is below $950, the case is charged as a misdemeanor. If it exceeds this amount, it may be charged as a felony.

In the case of a misdemeanor charge where there are no previous convictions, a person may face up to six months in jail and a fine of up to $1,000. If felony charges are pressed, the consequences may include up to five years in prison, as well as a $50,000 fine. Whether a misdemeanor or a felony, a person may face the additional consequences of probation, a criminal record that affects future opportunities, and the stigma of a court conviction.

Common Defenses Against Insurance Fraud Accusations

While the intention of insurance fraud investigations is an aim to mitigate theft and duplicity, it is an unfortunate truth that prosecutors can make unfounded accusations. In such cases, it is important to be familiar with common defenses against insurance fraud allegations. Some approaches a skilled lawyer may take include the following:

• Lack of intent. Fraud occurs only when an intention can be shown to accompany the fraudulent act. Without this, no crime can be proven. In the world of insurance, it is not uncommon for a policyholder to make mistakes that may appear as fraud but simply arise from human error.
• Mistake of fact. Occasionally, insurance companies make a mistake in their allegation, either due to a misunderstanding in the insurance policy or a clerical error. Police investigators may also make a mistake in their investigation. An experienced lawyer will be able to look over the facts of a case and argue if such an oversight has occurred.
• Insufficient evidence. It is important to remember that when allegations have been leveled in courtroom litigation, the burden of proof rests with the prosecution. A skilled attorney will be able to find fault with the evidence presented and argue on your behalf. So long as a reasonable doubt can be established, a defendant cannot be convicted.

Finding the Right Lawyer

When facing insurance fraud allegations, it is critical to find an attorney who can provide a robust defense and advocate for your interests. Insurance fraud litigation can be a complex process, with regulations and procedures dictated by different factors, and having informed counsel can make all the difference in the outcome of prosecution.

An insurance fraud defense lawyer should have experience within their field and a track record of success. They should be able to identify important approaches and advise their client with a fiduciary duty to their interests. They should be able to communicate critical information with their client, so that they have a clear understanding of where the case is at and what to expect. Importantly, they should be able to identify weaknesses in the prosecution’s case.

At the Law Office of Louis J. Goodman, we have been serving the people of Alameda County and beyond for over 35 years. Our talented Dublin insurance fraud defense lawyers are prepared to offer experienced counsel and act as advocates on your behalf.

Consult a Dublin Insurance Fraud Defense Lawyer Today

The accusation of fraud can have far-reaching consequences. It can damage one’s reputation, incur unnecessary litigation costs, and take away peace of mind. There is no reason for such allegations to be faced alone. At the Law Office of Louis J. Goodman, our team has been representing the people of Dublin and beyond for decades across a wide range of legal matters.

Our Dublin insurance fraud defense lawyers are ready to provide you with a comprehensive defense and to be a vigorous advocate for your interests. Contact us today to discuss your case.