Personal Injury False Claims Attorney in Brandon
The Florida False Claims Act protects whistleblowers and allows them to recover a percentage of any fraud recovered. Curry Law Group has the experience to handle complex false claims cases throughout the Tampa Bay Area.
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The Federal and Florida False Claims Act
The Federal False Claims Act, also known as the Lincoln Law, allows whistle-blowers to bring suit in the name of the government where a wrongdoer engages in conduct that defrauds the state or local governments of taxpayer dollars. Florida generated their own state False Claims Act in 1994. The Florida FCA is violated by submitting a false claim for payment, generating or using a false record to get a false claim paid, making a false record to avoid payments to the state, or conspiring to generate a false claim.
Penalties and Whistleblower Rewards
Penalties in these cases can range from $5,000 to $10,000 per claim and damages up to three times can be imposed. Individuals who report fraud can receive between fifteen and twenty-five percent of the total amount recovered if the state prosecutes the case. If the individual who reports the fraud litigates the case on their own, they can receive between twenty-five and thirty percent.
Statute of Limitations
The timespan for filing lawsuits must be within (1) five years after the violation was committed, or (2) two years after the state official responsible for the investigation of the violation has become aware of the important facts. An individual cannot file a lawsuit based on public information unless he/she knows the source of that information. If an employee reports fraud and consequently suffers discrimination, they can sue their employers under the Florida Civil Rights Act.
Why You Need Legal Representation
An experienced attorney can help you put together the facts and inform you of the best legal course. Since its amendment in 1986, the Federal FCA has allowed the U.S. Government to recoup over $25 billion from private parties and companies that were found to have engaged in fraudulent practices. Curry Law Group handles these complex matters with the expertise they demand.
Frequently Asked Questions
What is the False Claims Act? A law allowing whistleblowers to report fraud against the government and receive a portion of any recovered funds. Am I protected from retaliation? Yes, both federal and Florida law protect whistleblowers from employer retaliation. How long does a false claims case take? These can be lengthy — often 3-7 years or more.
Contact Curry Law Group Today
If you or a loved one has information of a company that is committing fraud, please contact an experienced attorney today. We invite you to contact us, The Curry Law Group, for your legal counsel and representation. Call 813-653-2500.
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Our attorneys represent clients across Hillsborough County. Explore this practice in your community:
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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What Is a False Claims Act Case?
A False Claims Act case is a civil action involving allegations that a person or organization knowingly submitted—or caused someone else to submit—false or fraudulent claims for federal government money or property. The law can apply to fraud involving Medicare, Medicaid, TRICARE, government contracts, grants, and other uses of federal funds.
Read MoreWho Can File a False Claims Act Lawsuit?
A private person with material information about fraud involving federal government funds may be able to file a False Claims Act lawsuit on behalf of the United States. Relators may include current and former employees, contractors, competitors, healthcare professionals, consultants, patients, and others with evidence of qualifying false claims.
Read MoreWhat Protections Are Available for False Claims Act Whistleblowers?
The False Claims Act protects certain employees, contractors, and agents from retaliation because of lawful efforts to stop violations of the Act or other protected activity connected to a False Claims Act case. Potential relief can include reinstatement, double back pay, interest, compensation for special damages, litigation costs, and reasonable attorney fees.
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Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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