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Negligent Misrepresentation | Proving Actual Damages

To be actionable, negligent misrepresentation should result in actual damages. Therefore, an action for negligent misrepresentation requires that an allegedly defrauded party incur some pecuniary or other loss as a precondition to a finding of liability. A West Palm Beach negligent misrepresentation lawyer will advise a plaintiff that to succeed in a claim for negligent misrepresentation the plaintiff must allege and prove that he or she suffered loss resulting in pecuniary damages. The defendant's liability is limited to loss suffered:

  • By the person or one of a limited group of persons for whose benefit and guidance the defendant intends to supply the information or knows that the recipient intends to supply it; and

    Through reliance upon it in a transaction that the defendant intends the information to influence or knows that the recipient so intends or in a substantially similar transaction.

    Additionally, a claim for negligent misrepresentation must allege justifiable reliance, that is, the plaintiff must prove that the defendant's misrepresentation induced the plaintiff to justifiably rely on the misrepresentation, which resulted in the plaintiff acting in justifiable reliance to his or her detriment. Therefore, to succeed in an action for negligent representation, a West Palm Beach negligent misrepresentation lawyer should plead the claim and its elements with specificity.

    A cause of action for negligent misrepresentation can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach negligent misrepresentation lawyer. If you believe you have a legitimate claim for negligent misrepresentation call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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