Milwaukee Insurance Fraud Lawyers
While difficult to determine exactly, it is estimated that fraudulent insurance claims constitute a significant portion of all claims and cost billions of dollars every year. However, making a fraudulent insurance claim is a serious crime that can result in long stretches of jail time and huge fines. In Wisconsin, insurance fraud is punishable by a fine of up to $50,000 and up to ten years in prison.
Since 1993, the Milwaukee criminal defense attorneys of Hart Powell, S.C. have tenaciously defended the rights and interests of those charged with criminal offenses, including insurance fraud. Our attorneys bring decades of combined experience to the table to ensure that each of our clients is treated fairly and impartially by the criminal justice system.
Our nationally-recognized and award-winning attorneys are dedicated to ensuring that you receive justice in your case, regardless of your wealth or social standing. We believe that when you’ve been charged with insurance fraud or another crime, you need knowledgeable legal representation to ensure that your legal and constitutional rights are protected.
If you are being accused of insurance fraud, you will need an experienced Milwaukee insurance fraud attorney handling your case. The tenacious Milwaukee insurance fraud lawyers of Hart Powell, S.C. are capable of helping you receive the best possible result in your criminal defense trial. Call us at (414) 271-9595 to begin preparing your defense with a knowledgeable attorney.
Do I Need an Insurance Fraud Lawyer?
If you are being investigated on suspicion of committing insurance fraud or if you have already been arrested and charged, you should be strongly considering hiring an insurance fraud lawyer to help protect your interests.
The criminal justice system in Milwaukee moves very quickly. Once you’ve been arrested, you have very little time before you need to make important decisions about your rights and future. The prosecutors in your case may even offer to “cut you a deal” in exchange for your guilty plea.
However, having a knowledgeable insurance fraud attorney in your corner can prove critical. Your lawyer can advise you whether viable defenses exist in your case, whether you should seek a plea agreement or fight your charges at trial, or whether a plea offer you’ve received represents the best possible outcome to your charges.
Facing criminal charges can feel scary and stressful. It can seem like the entire system is working against you. Let our firm help you navigate the complex criminal justice system. We will explain your legal rights and options in your case, help you know what to expect at each stage in your case, and advise you on strategies you can pursue to try to achieve a favorable outcome to your charges.
We want to ensure that you feel empowered to face your charges. We want to give you a sense of having control over your life again when your world is turned upside down after being arrested and charged with insurance fraud.
Why Choose Hart Powell, S.C. to Handle My Case?
When you’re facing criminal charges for insurance fraud, you shouldn’t choose just any criminal defense attorney or law firm. You don’t want to leave your freedom and future up to chance. Choose experienced lawyers who can give you the best chance at a favorable outcome in your case. Not all lawyers and law firms are created equal.
At Hart Powell, S.C., we believe that our Milwaukee insurance fraud attorneys stand out for several reasons:
- Experience – Since 1993, the attorneys of Hart Powell, S.C. have been serving the Milwaukee community. Our attorneys have decades of combined experience in criminal defense. We’ve obtained successful outcomes in some of the most serious and complex criminal cases. Our experience includes criminal prosecution, so we know how criminal cases are prepared. We’ve handled appellate advocacy, so we know how to fight on your behalf even after trial. Our attorneys have been recognized state-wide and nationally for their expertise in criminal law, regularly presenting on criminal law topics to other members of the legal profession. Our peers in the legal field have even named members of our firm as some of the top attorneys in Wisconsin.
- Results – Our lawyers have been repeatedly recognized for the results we’ve obtained on behalf of our clients. We’ve handled some of the most complex criminal cases, including those that receive local and national press attention. We’ve been able to secure favorable outcomes in our clients’ cases, including having charges and cases dropped or dismissed or winning not guilty verdicts at trial. Although we can’t guarantee the outcome of any case, you can expect that we will fight as hard as necessary to get you the best results we can.
- Client service – We know that nothing is more important to you than your freedom and future when you are facing criminal charges. We strive to provide excellent legal representation to each one of our clients. When you choose our firm, you get the benefit of the collaborative approach our attorneys use for each client’s case. That approach gives you access to our broad knowledge and experience, and we’ll work to find the best solutions in your case.
Types of Insurance Fraud
Insurance fraud can take on many forms, but is always a criminal action. This fraud is divided into two main categories, hard and soft. Hard insurance fraud is the act of deliberately creating a situation that will allow you to make an insurance claim. A common example of hard fraud is when a person burns down their own home to take advantage of their homeowner’s insurance.
On the other hand, soft insurance fraud occurs when a person lies about or embellishes their claim. A frequent form of soft fraud occurs when a person omits sharing certain information, such as a pre-existing health condition, with their insurance company that would increase the cost of their premiums.
Under Wisconsin Statute §943.395, it is considered insurance fraud to:
- Present a false or fraudulent claim, or false or fraudulent proof in support of a claim.
- Create a false or fraudulent certificate, affidavit, or other document with knowledge that the document will be used in a claim for payment under an insurance policy.
- Present a false or fraudulent claim or benefit application, or present false or fraudulent proof that affects a future application for payment under an employee benefit program.
- Lie on an application for membership with any fraternal benefit program.
Examples of conduct that might constitute insurance fraud under Wisconsin law include:
- Faking or staging a motor vehicle, boat, or plane accident.
- Accepting payment for vehicle damage without fixing the vehicle.
- Exaggerating injury or property damage to receive a larger insurance payment.
- Seeking reimbursement for items that were not damaged, lost, or stolen.
- Committing arson against the property of a business to collect the insurance payment.
- Falsely claiming disability or inability to work to receive workers’ compensation or disability insurance benefits.
- Falsely claiming to have suffered a work injury or occupational illness to file a claim for workers’ comp.
- Collecting unemployment insurance benefits while working for pay.
Insurance Fraud FAQs
Our clients have asked us questions over the years about insurance fraud cases. We’ve listed a couple of the most common ones. If you don’t see the answer you need here, call us at (414) 271-9595.
What is the penalty for a conviction for insurance fraud?
The potential sentence for a conviction for insurance fraud depends on the amount of money involved in the fraud. If the money at issue is $2,500 or less, insurance fraud is charged as a Class A misdemeanor (the highest grade of misdemeanor) under Wisconsin law. This misdemeanor carries a maximum possible sentence of up to nine months in jail and a fine of up to $10,000. If the money is more than $2,500, you can be charged with a Class I felony (the lowest grade of felony), which carries a maximum sentence of up to 3.5 years imprisonment and a fine of up to $10,000.
Can I still use an insurance policy for a legitimate claim if I knowingly made a false statement when applying for the policy?
Probably not. Once the insurance company discovers that you got the policy fraudulently, the terms of the policy probably give the insurer the right to immediately cancel the policy and refuse to make any payment, even for a legitimate claim.
If you are being accused of insurance fraud, you are facing a very serious charge. You will need a well-prepared defense from an attorney who is confident in defending these kinds of cases. The Milwaukee insurance fraud attorneys of Hart Powell, S.C. have been defending their clients from criminal charges for over three decades and can help you. Contact us at (414) 271-9595 today to learn more about your legal options.