Fundamental Dishonesty – is exaggeration dishonest?

If I exaggerate my injuries does it really matter ?

Yes is the unequivocal answer from the Courts.

Claimants must always be given advice as to the stance taken by the courts and the risks to their claim and themselves if they are tempted to exaggerate their injuries.

A Dishonest roofer narrowly avoid prison time this month after attempting to commit a £75,000 personal injury fraud.

The claimant was forced to admit to contempt of court in relation to his claim for personal injury damages following an RTA in 2019. The claimants’ injuries and overall claim was valued at £200,000 however the defendants suspected the claimant to be exaggerating their injuries and launched a 19 month surveillance operation to see if this was the case.

The claimant had told his medical experts that he had ongoing symptoms which prevented him from doing jobs around the house and could not work due to suffering from dizziness going up and down ladders. During the surveillance operation the claimant was seen on 10 different occasions to be working as a roofer. He was seen climbing onto the roof of his van and working on chimneys. Jobs which would simply not have been possible if his dizziness was genuine.

This case demonstrates the severity of fundamental dishonesty and the length by which defendants will go to prevent claims from being exaggerated. The judge expressed that ‘By the narrowest of margins and applying the courts mercy, I have decided I should suspend the sentence.’  As the judge commented it would be ‘disastrous’ to send the claimant, a sole carer, to prison and take away the only constant in his youngest sons’ life. In this case the claimant was sentenced to two months, suspended for a year.

Not only did he lose his right to compensation from the claim he nearly lost his freedom!

It is not only in large cases it occurs in the lower value ones too.

It is important to remeber the old addage – if you bring a case to court you must come with clean hands!

 

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