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Insurance Fraud Lawyers

 

Insurance Fraud Lawyers in Texas: A Guide for Defendants

Being accused of insurance fraud can be an incredibly stressful and frightening experience. These allegations carry the potential for serious criminal penalties like jail time, fines, and a criminal record. That’s why it’s absolutely crucial to have an experienced insurance fraud defense attorney on your side if you are being investigated or charged.

Understanding Insurance Fraud Laws in Texas

Texas laws make it a crime to intentionally provide false or misleading information to an insurance company. This covers lying on an initial application for coverage, as well as exaggerating or fabricating details when filing a claim.

According to the Texas Penal Code, a person commits insurance fraud if they, “with intent to defraud or deceive an insurer, prepare or cause to be prepared a statement that contains false or misleading material information.” The key is that the false information must be provided intentionally, not by accident or mistake.

Insurance fraud is classified from a misdemeanor to a felony based on the value of the claim involved:

  • Less than $100 – Class C misdemeanor
  • $100 to less than $750 – Class B misdemeanor
  • $750 to less than $2,500 – Class A misdemeanor
  • $2,500 to less than $30,000 – State jail felony
  • $30,000 to less than $150,000 – 3rd degree felony
  • $150,000 or more – 1st degree felony

As you can see, the crime becomes more serious as the dollar values rise. A misdemeanor may involve probation or up to a year in jail. Felonies can result in substantial prison time of 2 years or longer. Fines up to $10,000 may also be imposed.

Common Defenses Against Insurance Fraud Charges

The complexity of insurance regulations leaves room for misunderstandings and honest mistakes. In my experience as a criminal defense lawyer, many insurance fraud accusations stem from innocent errors rather than intentional deception.

Lack of intent – This focuses on proving you did not knowingly or intentionally attempt to mislead the insurance company. We can present evidence that any inaccurate information resulted from an honest oversight, paperwork issues, or miscommunication.

Insufficient evidence – The prosecution has the burden of proving guilt beyond a reasonable doubt. I work to undermine the validity of their evidence by questioning the credibility of witnesses and documents. If the evidence presented does not conclusively establish intent, you cannot be convicted.

Entrapment – This asserts that you were improperly induced or pressured by the insurance company or investigators to provide false information you wouldn’t have otherwise. Their own conduct would make you not culpable.

Good faith – Even if information you submitted turned out to be incorrect, you had a reasonable good-faith belief it was accurate at the time. Your intent was not to intentionally deceive the insurer.

Statute of limitations – In Texas, the statute of limitations is 2 years for misdemeanors and 3 years for felonies. We can argue the charges are barred if too much time has passed.

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