Exaggerated Personal Injury Claims: What You Need to Know
Summary: Exaggerated personal injury claims can harm both victims and defendants. In Florida, concerns often arise regarding fraud, credibility, and insurance company tactics. This guide explains what exaggerated claims are, how false allegations arise, and what you can do if you’re facing one.
The Distasio Details:
- Florida law makes false personal injury claims a felony under §817.234.
- Both victims and defendants may face accusations of exaggerated claims.
- Insurers aggressively investigate suspected personal injury fraud.
- False injury claim car accident cases often hinge on evidence and documentation.
- A Florida personal injury lawyer helps protect your rights when allegations arise.
Picture a car accident that leaves you injured. Your body may be in immense pain, reeling from financial loss and injuries, and told, “You’re exaggerating.” Or worse—facing a lawsuit for a ‘staged slip-and-fall’ that you know did not happen.
Exaggerated personal injury claims raise real risks for both accident victims and defendants. Our firm shows how exaggerated personal injury claims work, why insurers investigate so aggressively, and what steps you can take.
What Are Exaggerated Personal Injury Claims, exactly?
An exaggerated personal injury claim happens when the severity of the injuries is overstated or misrepresented in a claim for compensation. These cases fall on a spectrum:
- Exaggerated claims: Stretching the truth about pain or recovery time.
- False personal injury claims: Fabricating an injury or accident entirely.
- Personal injury fraud: Intentional deception for financial gain.
Florida accident victims fear accusations of exaggerating real pain. Drivers and property owners face the constant concern that false personal injury claims could target them. Both scenarios fall under the umbrella of “exaggerated claims,” but the law treats outright fraud far more harshly.
Under Fla. Stat. §817.234, submitting false, incomplete, or misleading information in connection with an insurance claim is a crime. Depending on the amount of money involved, the charge can be a third-degree, second-degree, or even first-degree felony.
Common Scenarios in Florida
Drivers and small business owners often tell us, “I’m terrified of a false personal injury claim against me ruining my finances.” False claims often feel like a nightmare, whether it’s a low-speed crash or someone adding a fake passenger to a false injury claim car accident.
This can happen in:
- False injury claims in car accident cases, where someone claims whiplash or back injuries even if the collision was low speed.
- Submitting bills for unnecessary or inflated medical treatments to make an injury look worse.
These claims cause frustration, financial strain, and reputational damage. Fighting them requires strong evidence, including photographs, dashcam footage, or witness statements.
When Victims Are Wrongly Accused of Exaggerated Claims
On the other hand, real accident victims often find themselves accused of exaggeration. Insurance adjusters may suspect fraud if:
- Paint is subjective (such as soft tissue injuries)
- There was a delay before seeking treatment
- Social media posts appear inconsistent with reported injuries
Many people worry, what if my pain is real but hard to prove? That’s why consistent medical documentation, keeping symptom journals, and following doctors’ orders are essential for credibility.
Why Insurance Companies Investigate Claims Aggressively
Insurers often treat Floridians like suspects, which blindsides many. For injury victims, it feels like the company is trying to deny real suffering. For defendants, it can be a relief to know investigators dig into suspicious claims. Either way, understanding why insurers deploy SIUs and surveillance can help you prepare.
Florida law requires insurance companies to actively fight fraud. Each insurer must maintain a Special Investigations Unit (SIU) or contract with one. These units use:
- Independent Medical Exams (IMEs)
- Examination Under Oath (EUOs)
- Surveillance and background checks
While these tools are meant to catch personal injury fraud, they also create hurdles for honest claimants.
Legal Consequences of Filing False Personal Injury Claims in Florida
Filing false injury claims is not only deeply unfair but also illegal. In Florida, prosecutors take these cases seriously, often working with insurance investigators to build fraud charges. Beyond criminal penalties, a conviction can:
- Permanently damage your credibility in any future legal claim.
- Trigger restitution orders, forcing repayment of any money received.
- Leave you with a criminal record that impacts employment and professional licensing.
Florida law also imposes special consequences:
- Staged accidents can bring mandatory prison time.
- Healthcare providers convicted of fraud can lose their license for five years.
- Insurers can recover investigation and legal costs after a fraud conviction.
Victims face a real risk: if insurers perceive a claim as dishonest, they may deny compensation and push for criminal charges.
What To Do If You’re Facing Allegations of Exaggerated Claims
If You’re Accused as a Plaintiff
- Get thorough medical documentation and attend to all follow-ups.
- Keep a daily symptom journal to track pain and limitations.
- Avoid posting on social media about activities or health.
- Let your lawyer handle insurer communications, IMEs, and EUOs.
If You’re Defending Against False Personal Injury Claims
- Notify your insurance company immediately.
- Preserve evidence such as dashcam footage, photos, and all witness information.
- Avoid direct contact with the claimant.
- Work with an attorney to challenge credibility and protect your finances.
Real-World Florida Examples and Their Impact
Fraud isn’t just a theory or a rare occurrence. The National Insurance Crime Bureau (NICB) calls stated accidents a “big business,” costing the industry billions every year.
In 2025, Uber accused a Miami law firm and medical facility of orchestrating staged car accidents as part of an insurance fraud scheme, and filed suit in response. These cases demonstrate how personal injury fraud impacts everyone, from individual drivers to major corporations, and why vigilance is essential.
How A Florida Personal Injury Lawyer Can Help
Whether you’re a victim accused of exaggeration or a defendant facing a false injury claim, having legal representation is crucial. Professional, experienced lawyers can:
- Investigate with medical expertise, witness testimony, and records.
- Protect legitimate victims and stop insurers from discrediting them.
- Defend against exaggerated claims or fabricated allegations.
- Challenge unfair denials and protect your right to full compensation.
The Right Lawyer Matters When Accusations Arise
Exaggerated personal injury claims create problems on both sides. Fraudsters risk felony charges, while legitimate victims face skepticism from insurers. The best defense is careful documentation, consistency, and skilled legal advocacy ready to go to trial on your behalf, if need be.
If you face this situation, fight accusations of exaggeration, or suspect personal injury fraud, call Distasio Law Firm for help. Our firm holds those who do wrong accountable, exposing fraudulent claims and protecting honest victims from unfair treatment.
Your story matters. Don’t let insurers or deceptive claimants decide your future for you. Reach out and talk to us right now. Get the legal strength you deserve.
As an ethical and trusted Tampa personal injury lawyer, Scott Distasio founded Distasio Law Firm in February of 2006, which focuses on all types of personal injury cases. He wanted to open a law firm that represented his belief that all firms should provide ethical and outstanding service to their clients.
