Insurance Fraud Statute Of Limitations
Posted June 25th, 2021 by Anthony Carbone.
Categories: Criminal Defense.
When individuals trick an insurance provider into obtaining the money through false pretense, they commit insurance fraud. This type of fraud is illegal in all U.S States. Furthermore, most of them have set up fraud bureaus to track down and prosecute fraud cases.
Insurance fraud may perpetrate in a multitude of sectors. Some of the most prevalent forms of insurance fraud include:
- Automobile insurance fraud
- Workers’ compensation fraud
- Property insurance fraud
- Medical insurance fraud
- Life insurance fraud
- Fire insurance fraud
Based on the scope and degree of the fraud, false claims can be charged as a misdemeanor or felony in most states. Under federal law, some forms of fraud, like healthcare fraud, are also crimes. Insurance firms may also commit fraud by denying a healthcare provider or policyholder a benefit that they are entitled to.
Insurance fraud has a wide-ranging effect on society, not only insurance companies. For this reason, it is severely punished. Fraud schemes in the U.S. rob about 80$ billion a year, as per the Coalition against Insurance Fraud. Since insurance firms charge more premiums to cover their fraud losses, consumers and policyholders are primarily responsible for the costs. Company and individual premiums rise, and companies also pass the cost increases on to their customers.
Statute Of Limitations For Insurance Fraud
Most federal offenses, insurance fraud included, have a five-year statute of limitations. They can extend the New Jersey insurance fraud statute of limitations to six years in some cases. Once this time has passed, the government can no longer prosecute you from the date the offense is ‘completed. For more information about the statute of limitations, contact the Law Offices of Anthony Carbone today.
Defending Against Charges of Insurance Fraud
Insurance fraud is a serious charge, but there are some viable protections you will be able to lift if you are charged with it. The particulars of your case will determine your specific defense. Among the possible defenses against insurance fraud charges include:
- Lack of enough evidence
- Lack of fraud; basic expressions of view must not be deemed fraudulent in an insurance claim
- Absence of deception; you ought to have knowingly obtained the benefits through deception
A professional criminal defense lawyer can help review the circumstances and facts surrounding your charge, thus establishing the best defense possible. Your lawyer can try to battle your fraud charges early on and get them dismissed if there is not enough proof. In other situations, your lawyer might, in return for a guilty plea, work out a deal with the prosecutor to get reduced charges and a shorter sentence.
Your case can go to trial, where your lawyer can present key evidence and challenge the prosecutor’s case in the hopes of obtaining an acquittal. By contacting a criminal defense attorney immediately if you have been charged with insurance fraud and risk felony charges, it is easy to get a fair judgment. They will ensure that crucial evidence is collected and a strong defense developed early on in your case.
Talk to an Expert Attorney Today!
Your timely action may make the difference between paying hefty fines, having the case dismissed early, or serving time in jail. If you’ve been entangled in insurance fraud charges in New Jersey and need an experienced Bayonne Personal Injury Attorney to represent you in a court of law, call the offices directly right away!
