Legal Question in Personal Injury in Florida
Personal Injury
I want to ask something...I was involved in an accident 4 years ago, and I already had an attorney and my deposition...the other attorney for the other side is now going for motion to dismiss due to fraud...my attorney has already gotten out of the case...my question is can the states attorney's office come back on me an sue me for fraud at a later date? I didn't lie to him about any of the questions asked but he feels that I did due to other medical problems I had in the past. I am worried that I might be going to jail due to this. Can you help me?
3 Answers from Attorneys
Re: Personal Injury
It is common today for insurance company lawyers to claim fraud where a person is just mistaken or forgets a prior medical condition that shows up in the records. You do need another opinion on the validity of the motion to dismiss for fraud. There are a number of cases on this point. The insurance companies usually are happy to get your case dismissed without attempting criminal charges but it depends upon how serious the alleged fraud was. For example, a client used a fake name and social security number to feign another serious injury. She was prosecuted.
Re: Personal Injury
It is common today for insurance company lawyers to claim fraud where a person is just mistaken or forgets a prior medical condition that shows up in the records. You do need another opinion on the validity of the motion to dismiss for fraud. There are a number of cases on this point. The insurance companies usually are happy to get your case dismissed without attempting criminal charges but it depends upon how serious the alleged fraud was. For example, a client used a fake name and social security number to feign another serious injury. She was properly prosecuted. A client who forgot an old back injury in high school football was forgiven by the court.
Re: Personal Injury
It is common today for insurance company lawyers to claim fraud where a person is just mistaken or forgets a prior medical condition that shows up in the records. You do need another opinion on the validity of the motion to dismiss for fraud. There are a number of cases on this point. The insurance companies usually are happy to get your case dismissed without attempting criminal charges but it depends upon how serious the alleged fraud was. For example, a client used a fake name and social security number to feign another serious injury. She was prosecuted.
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