Assertive and Dedicated Consumer Fraud Lawyer in Montgomery Alabama
Alabama law recognizes the right of a victim of fraud to recover legal money damages (compensation) from the person who committed the fraud. Many different kinds of fraud are recognized under Alabama law, including misrepresentation, fraudulent suppression and deceit. Montgomery attorney Chip Nix represents victims of fraud throughout Alabama, including in important areas such as consumer fraud, legal malpractice and workers’ compensation.
Fraudulent Misrepresentation – This type of fraud requires a misrepresentation of a material fact that was either willfully made with the intent to deceive, or made recklessly without knowing whether the fact was true or not. If you relied on the misrepresentation and acted on it to your detriment, the responsible party can be liable to the injured party for the damages caused. Even if the other person misrepresented facts purely by mistake, if you innocently acted on that misrepresentation and were harmed because of it, you can still recover for fraudulent misrepresentation.
Fraudulent Suppression – To be guilty of fraudulent suppression, a party must suppress (hide, fail to disclose) a material fact that the party was under an obligation to communicate. Whether the party had an obligation to disclose the fact depends on the circumstances of each case. Often times, an obligation arises because of the confidential or trusting nature of the relationship between the parties, such as with a lawyer, broker or real estate agent. The injured party must have been encouraged to act based on the fraudulent suppression and be injured because of it.
Deceit – When a person makes a willful misrepresentation of a material fact to get another to act, causing injury, that person can be guilty of deceit. An essential element of deceit is that the wrongdoer knew the misrepresentation was false, but it is enough if the party made a fraudulent or reckless representation of facts as true without knowing they were false, if he or she intended to deceive another.
Act quickly to protect your rights when you discover fraud
There is a two-year statute of limitations on fraud in Alabama, which means you have two years from the time you discover the fraud, or should have discovered the fraud, to bring a lawsuit. This includes the date you actually discover the fraud or the time when information was available so that you might have actually discovered it. It is therefore important to contact an attorney as soon as you believe you have been defrauded, to protect your right to pursue compensation against the wrongdoer. Chip Nix, Attorney at Law, represents clients in many types of fraud cases, including:
- Employer lying to an employee about Workers’ Compensation benefits
- Treating an employee as a contractor to avoid Workers’ Compensation
- Spinning back an odometer before selling a vehicle
- Fraudulent vehicle repair
- Legal Malpractice – making mistakes like missing deadlines and then concealing those facts from the client; overcharging; billing for work that was not performed
Hold Fraudsters Accountable for their Misdeeds. Contact Chip Nix in Montgomery
If you believe you have been victimized by fraud in Alabama, contact Chip Nix, Attorney at Law, at 334-279-7770 in Montgomery for a free evaluation of your potential claims.