Daytona Beach Insurance Fraud Lawyer
Whether due to legal requirements or because it makes wise financial sense, Florida residents carry insurance to protect their interests from many types of losses. By procuring coverage and paying policy premiums, insureds can file a claim for damages and obtain amounts as compensation. However, given the nature of procuring insurance policies and making claims, there are opportunities to further a fraudulent scheme for financial gain. As such, Florida law criminalizes insurance fraud, and the offense is always charged as a felony. You face a long prison term, steep fines, and collateral consequences if convicted.
The stakes are high in a Florida insurance fraud case, so working with experienced legal counsel is critical. Our team at O’Mara Law Group represents clients in a wide array of criminal matters, and defending fraud cases is a core practice area. Please contact our firm to speak with one of our Daytona Beach insurance fraud lawyers today. We can schedule a consultation to review details, but an overview is informative.
Synopsis of Florida Insurance Fraud Laws
The statutory language spells out numerous offenses that fall under the umbrella of insurance fraud, but they generally fall into two categories:
- Soft Fraud: You might face charges for providing false information or statements on an application to purchase insurance. Insurance companies base their premiums and other rates on the details you provide, so they underwrite according to risk. Examples of soft fraud include stating that you do not have a pre-existing medical condition when getting health insurance, or asserting that you are accident-free on an auto insurance policy.
- Hard Fraud: This category involves misconduct in the insurance claims process. When seeking compensation under a policy, the insured is required to be truthful in making statements on the necessary forms and providing information related to the loss. Common forms of hard fraud include overstating the costs of repairing your home or vehicle. One of the most severe types of hard fraud is intentionally destroying or damaging the item which is covered by the policy.
Insurance fraud is charged as a Third Degree Felony, punishable by up to 5 years in prison and a $5,000 fine. However, Second and First Degree Felony charges apply in some cases, so you could face 15 or 30 years’ incarceration.
Pre-Filing Strategies in Insurance Fraud Cases
Because insurance fraud charges are usually preceded by an intense investigation by authorities, the pre-filing stages before an indictment or arrest are critical. Our Daytona Beach insurance fraud attorneys at the O’Mara Law Group take advantage of all opportunities to work out an agreement to avoid charges. Still, we are prepared to assist with pre-trial and trial defenses.
Get Legal Help from Our Daytona Beach Insurance Fraud Attorneys
Keeping in mind the benefits of pre-file legal representation, you can see how retaining legal representation is crucial from the moment you are being investigated. For more information, please contact the O’Mara Law Group at 407-634-6604 or visit us online. We can set up a consultation with a Florida insurance fraud lawyer who will explain the laws.