If you get hurt in an accident, a personal injury claim can help you get money for medical bills, lost wages, and pain and suffering. However, some people think that by exaggerating their injuries, they can get a larger settlement.
While this might seem like a smart move, it can actually hurt your case because it will hurt your credibility.
In this blog, we’ll explain why being honest in personal injury cases is important and what happens if you exaggerate your injuries.
What Are Exaggerated Personal Injury Claims?
Exaggerations are unfortunately common by some people who believe that a car accident is a “pay day.” They claim they are in more pain than they are actually in, believing it will increase the value of their case.
For example, they might say their injuries are worse than they really are or lie about how much pain they’re in. People often do this to get a bigger settlement. But exaggerated claims, also called false injury claims, can lead to insurance fraud personal injury cases and even criminal charges.
It’s important to know that making an inflated damage claim can backfire, and the consequences can be serious.
Why People Exaggerate Injuries
After an accident, you might be dealing with medical bills, lost wages, and financial stress. Some people think that making their injury sound worse will help them get more money faster. They might hope for a higher settlement amount to cover all their expenses. Unfortunately, injury claim exaggeration is risky, and it can be easily uncovered during the claims process.
How Exaggeration Can Be Exposed
Exaggerating your injuries might seem tempting, but insurance adjusters and lawyers are skilled at spotting phony injury lawsuits. Trust is the cornerstone of the attorney-client relationship and when we sniff exaggeration, we will decline representation or even withdraw. Here are some ways we spot exaggerated accident claims:
Medical Records: Medical professionals play a big role in personal injury cases. They document your injuries and the treatment you receive. If what you claim doesn’t match up with your medical records, the insurance company may question your honesty. This can lead to them denying your claim or offering a much smaller settlement simply because they foresee that at trial, you will look dishonest.
Insurance Investigations: Insurance companies often investigate personal injury claims to make sure they’re legitimate. They might look at the accident scene, interview witnesses, or even hire a private investigator to see if what you’re claiming is true.
Independent Medical Exams (IMEs): Insurance companies often ask you to get checked by another doctor in what’s called an IME. This doctor will evaluate your injury with a defense bias, to be sure, but they are skilled at looking for objective evidence of subjective symptoms. If they find that you’re overstating your injuries, it can hurt your case.
Surveillance: Insurance companies sometimes use surveillance to see if a person is really as injured as they say. If you claim you can’t walk but are seen lifting heavy objects or running errands, it can prove your injuries are exaggerated, which might make you lose your case. (In a case Allyson had as a defense attorney, surveillance footage found a person who claimed debilitating injury running down his front steps carrying a bicycle. Her client defended the lawsuit vigorously and paid nothing.)
Legal Consequences of False Injury Claims
Exaggerating your injury is not just dishonest; it can have serious legal consequences. Here’s how injury claim dishonesty can hurt you:
Loss of Credibility: Your credibility is key in any personal injury lawsuit. Once the court or insurance company realizes you’re exaggerating, they will find it hard to trust anything else you say. Even if you have real injuries, they might not believe you and reduce your settlement or deny it altogether.
Exaggerating your injuries can also make a liar out of your lawyer. If we go to bat for you and argue in favor of an injury that turns out not to be real, defense counsel and insurance adjusters won’t believe your lawyer when they fight for the next client.
Criminal Charges: In some cases, exaggerating your injuries could lead to criminal charges for insurance fraud personal injury. This is a crime that could result in fines or even jail time.
Financial Penalties: If the court finds you exaggerated your injuries, you may have to pay for the defendant’s legal fees, surveillance costs, and expert testimony.
Impact on Insurance Settlements
Exaggerating your injuries can also affect how much money you receive in a settlement. Insurance adjusters are trained to spot exaggerated claims and may reduce your settlement or deny your claim altogether. In fact, once they suspect bogus injury cases, insurance companies will fight harder to avoid paying more than they need to.
It’s important to remember that insurance companies deal with thousands of claims, and they’ve seen it all. Trying to fool them with fraudulent compensation demands will not help you. Instead, it will only delay your claim and possibly reduce the settlement amount you deserve for your real injuries.
Why Honesty Is the Best Policy
Being honest about your injuries is always the best choice. Here’s why:
Credibility: When you tell the truth about your injuries, you maintain your credibility with the court and insurance companies. This can lead to a smoother claims process and a better chance of getting fair compensation.
Stronger Legal Case: Your lawyer can build a better case if you provide accurate information. If your injuries are exaggerated, your lawyer might have trouble defending you when the truth comes out.
Avoid Legal Trouble: By being honest, you avoid the risk of facing legal penalties like having your case dismissed or being charged with insurance fraud personal injury.
Fair Compensation: When you tell the truth, you have a better chance of getting the compensation you deserve for your real pain and suffering, medical bills, and lost wages. Exaggerating your injuries usually backfires and can reduce the settlement offered.
Conclusion
Exaggerating injuries and fabricated injury lawsuits is not worth the risk. It can damage your credibility, reduce the amount of money you receive, or even get your case dismissed. If you’ve been hurt in an accident, the best way to get fair compensation is to be honest about your injuries. Work with a lawyer who can help you present a truthful and strong case.
Schedule a Free Consultation
Have you been hurt in an accident? We can help you file a truthful claim and get the compensation you deserve without exaggerating.
Contact us today at 202-949-7109, email at allyson@kitchellaw.com, or fill out our online form to schedule a free consultation.
At Kitchel Law, we specialize in personal injury claims in Virginia and Washington, D.C., and we can help you pursue fair compensation without exaggeration or dishonesty.
Contact us today for a consultation and get the legal support you need.