The elements of a successful fraud claim

Posted on: January 18, 2016
Arlington attorney

If you have been in touch with a professional insurance lawyer, you will find it’s not a simple task to process a fraud claim. Common law fraud can in fact have an impact on almost any type of transaction. It is commonly seen in securities purchases, real estate, commercial acquisitions and more. In the USA, there are nine elements that must be presented in order to establish fraud and successfully process a claim. The plaintiff will need to plead the following nine elements in a fraud claim:

  • A representation of facts.
  • Its falsity.
  • Its materiality.
  • Representers’ knowledge of the falsity or ignorance of its truth.
  • Representers’ intent that it should be acted upon by the person in a reasonable way.
  • Injured party’s ignorance of falsity.
  • Reliance on its truth by the ignorant party.
  • The injured party’s right to relay thereon.
  • Consequent and proximate injury of the injured party.

All these elements must be legally presented when processing a fraud claim. In fact, each element needs to be specifically and clearly pleaded by the plaintiff. To ensure that everything is correctly represented, hiring an insurance attorney is certainly advisable.

Schleifman Law can assist you with successfully processing your fraud claim

If you would like to process a fraud claim in Fairfax County, hiring a professional business or insurance attorney is a must. At Schleifman Law, we have over 25 years of experience in mediation, arbitration, litigation and negotiation. We will ensure your fraud claim is professionally prepared, processed and pleaded on your behalf.

If you would like to gather more information on how to go about processes a fraud claim and for further legal advice and guidance, contact us via email or telephone at Schleifman Law today.