Fraud (Actual and Constructive)
Generally, fraud can be defined as any intentional misrepresentation of facts that an individual knowingly makes to another for the purpose of personal gain. In Virginia, fraud cases can be difficult to prove.
Bringing a Claim
Fraud is commonly found in a multitude of circumstances and might be attached to other causes of action, such as where there has been a breach of fiduciary duty (see Breach of Fiduciary Duty below), where that has been secreting of assets from an incapacitated or elderly adult, where there is a purchase or sale of a business, or in the transfer of the estate, debtor, or corporate assets. To bring this type of claim, you must have been harmed as a result of the fraudulent representations. The ultimate burden of proof is always upon the person who alleges fraud; therefore, you should be prepared to demonstrate all of these elements before bringing a case.
In defending an action, you would want to be certain you prove the veracity of representations or offer other appropriate factual defenses. Fraud is a very serious cause of action, which can entitle plaintiffs to many remedies, including an award of punitive damages or attorney’s fees.
Our attorneys are highly experienced in handling various actions regarding fraud, both for plaintiffs and for defendants. If you are considering suing for a claim regarding fraud, or you have been served with a complaint alleging fraud against you, contact the Attorneys at Hale Ball who will help you understand your rights and obligations when navigating this type of claim.
Schedule a Consultation with an Experienced Attorney
The Attorneys at Hale Ball will be beside you through all the aspects of the litigation process including pre-trial motions, the discovery process, trial, post-trial motions, and even appeals. The Attorneys at Hale Ball are committing to being your advocate so that you will not have to go through any of the litigation processes alone.
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Fairfax, VA 22030