What do I have to show to win a lawsuit for fraud?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Feb 20, 2013
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
To win a suit for fraud, you must show that you were truly deceived by the misrepresentations given and that you reasonably relied on the statement or act to your detriment. In other words, your reliance on the action or statement affected your course of action. And you suffered harm because of the misrepresentation.
Though this is the basis for an action for fraud, there is an exception. Exaggerated claims, “sales talk,” (e.g., the car salesmen trumpets) or “puffing” are not usually considered fraudulent since the courts view them as statements of opinion, not statements of facts. Half-truths that are misleading are grounds for action for fraudulent misrepresentation.
You must also show that the person making the statement knew it was an outright lie. This element may be a major hurdle to prove because dishonest people are very skillful and ingenious at disguising their statements, knowing the “fine line” to avoid legal trouble or face any scrutiny.