By Fredrick P. Niemann, Esq. a NJ Elder Abuse and Fraud Exploitation Law Firm
New Jersey law recognizes a number of legal claims of fraud against the elderly, each of which allows attorneys to sue the perpetrators. Common types of fraud include fraudulent misrepresentation, fraudulent concealment, constructive fraud and fraudulent inducement.
Fraudulent Misrepresentation
Fraudulent misrepresentation occurs when a person knowingly misrepresents an important fact for another person with fact with the intention of inducing that person to enter into a transaction; and the elderly or incapacitated person in fact relies on the misrepresentation in doing so.
Fraudulent Concealment
Fraudulent concealment is similar, but the exploiter conceals (hides), rather than misrepresents, the important fact which he or she is under a legal or moral obligation to disclose, and the latter party does not know or would not have entered into the transaction if the material fact had been disclosed and made known.
Constructive Fraud
Constructive fraud occurs when the exploiter abuses or takes advantage of a fiduciary relationship for his or her own enrichment under circumstances which do not qualify as legal fraud.
Contact me personally today to discuss your New Jersey elder abuse and/or financial exploitation matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.