Understanding Malingering in Personal Injury Claims

In personal injury law, the integrity of a claimant’s injuries and the authenticity of their pain and suffering are crucial components. However, there are instances where a claimant may exaggerate or fabricate their injuries, a behavior known as malingering. This blog delves into the concept of malingering, its implications in personal injury claims, and how such accusations are handled in Texas courts.

What is Malingering?

Malingering is the act of feigning or exaggerating physical or psychological symptoms for personal gain, often seen in personal injury claims to receive higher compensation. It is a serious issue that can undermine the credibility of genuine claimants and affect the overall integrity of the legal process.

In Texas, personal injury law demands that claimants provide accurate and honest accounts of their injuries. Accusations of malingering can lead to severe consequences, including:

  1. Case Dismissal: If a court determines that a claimant is malingering, the personal injury claim can be dismissed outright.
  2. Repercussions for Perjury: Providing false testimony under oath about the extent of injuries is considered perjury, a criminal offense.
  3. Impact on Future Claims: A history of malingering can severely damage a claimant’s credibility in any future legal proceedings.

Detecting Malingering

Detecting malingering involves a combination of medical evaluations and legal scrutiny. Some methods include:

Handling Accusations of Malingering

If accused of malingering, a claimant must take immediate and decisive action to defend their case:

  1. Gather Comprehensive Medical Records: Detailed medical documentation from credible healthcare providers can support the legitimacy of the injuries.
  2. Expert Testimonies: Testimonies from medical experts and other relevant professionals can help refute false accusations.
  3. Legal Representation: It is crucial to have experienced personal injury attorneys, like those at Ryan Orsatti Law, who can navigate the complexities of such accusations and protect the claimant’s rights.


Malingering is a serious concern in personal injury law that can have far-reaching consequences. It is essential for both claimants and legal professionals to understand the implications and take necessary steps to ensure the authenticity of injury claims. At Ryan Orsatti Law, we are committed to providing expert legal representation to protect our clients from false accusations and ensure they receive the justice they deserve.

References and Further Reading

For more information or to seek legal advice, contact Ryan Orsatti Law at 210-525-1200.