If you have been financially injured by another person’s unethical business practices, you may be able to recover damages pursuant to a claim for fraud, unfair and deceptive trade practices, or both. Our firm’s civil litigation attorneys are experienced in representing clients in cases involving business torts.
Our attorneys have obtained numerous judgments and trial verdicts in cases between business owners where our clients were allowed to recover treble (triple) damages and attorney fees based on the defendant’s intentionally deceptive conduct. Many of these cases have involved representations made to induce a party to enter into a business contract, such as a lease or asset purchase agreement. On multiple occasions, our business litigation lawyers have successfully obtained judgments and recovered settlement funds against defendants who made material representations to convince our clients to do a business deal.
To successfully prove a claim for fraud in a North Carolina Court, the following elements must be present in your case:
(1) Another person made a false representation or concealment of a material fact;
(2) Reasonably calculated to deceive;
(3) Made with intent to deceive;
(4) Which does in fact deceive;
(5) Resulting in damage to you.
If your claim against another party involves each of these elements, you will be entitled to both compensatory and punitive damages. Under North Carolina law, a jury can award punitive damages of $250,000 or three times your actual damages.
Unfair and Deceptive Trade Practices
North Carolina statutory law also provides a civil cause of action known as unfair and deceptive trade practices. If the following elements are proven, the amount of your actual damages is automatically tripled and the Court may also award your attorneys’ fees:
(1) Another person committed an unfair or deceptive act or practice;
(2) In or affecting commerce; and
(3) You were injured as a result.
“Unfair or deceptive act or practice” is a very broad phrase, so the attorneys of Maginnis Law will thoroughly review the facts of your case to determine whether a jury could find this element in your case. In most situations, a simple breach of contract is not unfair or deceptive. There must be aggravating factors in order for you to recover treble damages.
If another person or business tricked you into buying their company, or into doing a deal with them, we may be able to help. Our civil litigation attorneys offer free consultations for all fraud/unfair deceptive trade practice cases. We offer a variety of billing arrangements, including hourly, contingency, or some flexible rate that allows you the opportunity to pursue your claim. You can also subscribe to our mailing list to learn about the rights you have under consumer protection law against large corporations.