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Tuesday, January 21, 2025

The Impact of RICO Lawsuits on Personal Injury Claims: A New Era in Fraud Prevention - Edelstein Martin & Nelson

In recent years, the intersection of personal injury law and the Racketeer Influenced and Corrupt Organizations Act has become a focal point of discussion in the legal community. Originally designed to combat organized crime, RICO statutes are now being leveraged by insurance companies to address fraudulent personal injury claims.

For Philadelphia personal injury lawyers, understanding the implications of this emerging trend is crucial to effectively representing clients and navigating a shifting legal landscape.

Understanding RICO’s Application in Personal Injury Law

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RICO, enacted in 1970, was initially intended to combat organized crime by targeting patterns of racketeering activity. Over time, its application has expanded to include various forms of fraud, including insurance fraud. In the context of personal injury law, RICO claims are increasingly being filed by insurers against medical providers, attorneys, and individuals alleged to have engaged in fraudulent schemes to inflate claims.

The typical RICO case in this arena involves accusations of staged accidents, exaggerated injuries, or fraudulent billing practices by medical providers. For example, an insurance company might allege that a network of providers conspired to submit false medical bills for treatments that were unnecessary or never performed.

By framing these actions as a pattern of racketeering, insurers aim to recover damages under RICO, which allows for treble damages, three times...



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