Injured - The FindLaw Accident, Injury and Tort Law Blog

Fraud and Economic Injuries

Fraud is a false representation of a matter of fact that deceives or is intended to deceive another. There are several elements to fraud: (1) the false representation, which the maker of the statement knew to be false, (2) the intent to mislead, (3) the reliance of another on the fraud, which leads to injury. Other common economic torts include Tortious Interference, Conspiracy, and Restraint of Trade.

Recently in Fraud / Economic Injuries Category

For the average person, few necessities are more confusing than health insurance. Even for the lucky few whose employers provide health coverage, just picking the right plan can be mind-numbing. So when those who are shopping on the open market or under the Affordable Care Act for a health insurance plan are told a charity will help them with their insurance premiums, that sounds like a good deal, right? And it sounds especially good for poor patients who need expensive treatments like dialysis.

But what if those charities are just fronts for the dialysis companies, helping those companies overcharge private insurers? What seems like a good deal for patients all of a sudden becomes fraud and artificially inflated stock prices for shareholders, according to two recent lawsuits.

The first lawsuit has been filed against Samsung as a result of the exploding Galaxy Note 7s that were recalled last month. Surprisingly, the lawsuit is not over the phone explosion itself, but rather the economic damages that the recall notice caused to consumers. A judge still needs to approve the class-action status of the lawsuit.

For the 1.9 million Samsung phones that were subject to the recall in the U.S., consumers were advised to cease using and power down their phones. That left the phones unusable, leaving many consumers not just without a phone, but still on the hook for pricey phone bills. That’s exactly what this lawsuit is covering, as well as incidental damages and loss in value.

Fake Injuries and Clinics Used in Elaborate Insurance Fraud Scheme

Federal authorities in Grand Rapids, Michigan last month named four people in an indictment alleging an elaborate insurance and healthcare fraud ring. The quartet reportedly set up medical clinics and staged car crashes to defraud insurers, as well as paying people to participate in staged crashes or to make false claims, stating they were patients at the medical clinics.

The scheme went on from January 2014 to May 2015, according to a report in Michigan Live. But the patients did not receive any therapy or medical care for their alleged injuries. The defendants are accused of submitting over 100 fraudulent claims to one insurance company and were paid about $52,000 reportedly.

Types of Nursing Home Abuse

The youngest and oldest among us are vulnerable and exposed to abuse more than most other populations. But elderly people are exposed to some added abuse dangers that children do not face.

Elder abuse is unfortunately common and it happens for many reasons. Being in nursing homes and in the hands of professional caregivers increases the risk of mistreatment. Plus, older people are much more likely to face financial exploitation. This is what to look out for.

Can You Sue for a Damaged Credit Rating?

Your credit rating, if it’s good, is an asset and can be more valuable than tangible things you own. That number represents your reliability as a borrower and will impact your ability to obtain financing, so if someone damages your credit — particularly a time when you’re seeking financing of some kind — they cause you a kind of financial injury that may be compensable after a lawsuit.

Winning a damaged credit claim is not easy. But it can be done and people have won these cases. So let’s take a look at a sample case to get an idea of how you make this claim and what you have to show.

Getting Paid: Collecting on a Judgment or Jury Award

So you won your suit against a defendant and were awarded money in the form of a judgment but now you don't know what to do. How do you go about collecting on a judgment or jury award?

A judgment is a court order and enforceable. Although the precise details will depend on where you are attempting to collect and a state's specific process, let's look at the general principles behind judgment and collection.

Plaintiffs, Be Wary of Selling Settlements

If you are a plaintiff in an injury suit and are awarded damages, you can sell the money owed to you in a structured settlement. In exchange, you get an upfront payment rather than incremental payments over the years. For many plaintiffs, this can solve financial problems that piled on during the pendency of the lawsuit, and that is important.

But these deals can only be done with a judge's approval when in the plaintiff's best interest. Unfortunately, there is evidence that this is not what's actually happening.

It's possible that you could be a party in a class action lawsuit and you might not even know it. And if you've gotten a notice of a pending or completed class action lawsuit, you may be wondering what to do next.

While many class action notices don't require any action on your part, here is some basic info to bring you up to speed on why you're receiving a class action notice and what you may need to do:

Want to Sue a Home Contractor? 3 Things to Consider

Few things are as frustrating as a dispute with home contractor. If you're dealing with such a dispute, should you file a lawsuit?

Whether it's shoddy construction work, protracted delays, or a disagreement over money that is causing problems, sometimes a lawsuit may seem like the only way to get what you feel you bargained for when you hired your home contractor.

But if you're considering a lawsuit against a home contractor, here are three things you may want to consider:

What Is a Court-Ordered Constructive Trust?

You've probably heard of trusts, which are legal instruments used primarily for estate planning. But have you ever heard of a constructive trust?

Unlike most other kinds of trusts, constructive trusts aren't drafted by a lawyer as part of an individual's estate plan or wealth management strategy. Instead, constructive trusts are imposed by a court in order to prevent unjust enrichment by someone who has wrongfully obtained an interest in another person's property by obligating them to return the property to its original owner.

What is a constructive trust and how does it work?