What are the elements of a civil fraud cause of action?

A civil fraud cause of action is a legal claim that someone has acted in a way that is fraudulent or deceptive. In West Virginia, a civil fraud claim requires a plaintiff (the party bringing the claim) to prove four elements: First, the plaintiff must show there was a false representation made by the defendant. This representation can be made orally, in writing, or by conduct or action. Second, the false representation must be related to a material fact. This means that it must be important information that would or could influence the decision of the plaintiff. Third, the false representation must be made with the intent to mislead or deceive the plaintiff. The plaintiff must show that the defendant knew what they were saying was untrue or that the false representation was made recklessly without caring if it was true or not. Finally, the plaintiff must show that they suffered actual damages as a result of the false representation. Actual damages can include financial losses, physical injuries, or emotional or mental harm. The elements of a civil fraud cause of action must all be proven in order to be successful in West Virginia. A plaintiff must present strong evidence to the court in order to prove that all four elements are present and prove their damages.

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