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Fraudulent concealment refers to the intentional act of hiding or suppressing important information that a person is legally required to disclose, with the aim of deceiving or defrauding others. For example, if a doctor fails to inform a patient about a previous malpractice incident involving another doctor, they may be committing fraudulent concealment. This legal concept is often applied in civil cases and can be used to extend the time limit for filing a lawsuit, known as tolling the statute of limitations.
Table of content
Legal Use & context
Fraudulent concealment is primarily used in civil law, particularly in cases involving personal injury, medical malpractice, and contract disputes. It allows plaintiffs to hold defendants accountable when they have intentionally withheld critical information. Users may find legal forms related to fraudulent concealment useful for filing claims or responses in such cases, which can be accessed through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
One example of fraudulent concealment is when a seller of a property fails to disclose known structural issues to a buyer, leading the buyer to make an uninformed purchase. (hypothetical example)
Another example is a financial advisor who knowingly withholds information about the risks of an investment from a client, resulting in financial loss for the client. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Fraudulent concealment can extend the statute of limitations up to three years.
New York
Fraudulent concealment claims must be filed within six years of discovering the fraud.
Texas
Requires proof of intent to deceive as part of the claim.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Fraud
Deceptive practices intended to secure unfair or unlawful gain.
Fraudulent concealment specifically involves hiding information rather than outright deception.
Misrepresentation
False statements made to induce someone to enter into a contract.
Misrepresentation can be unintentional, while fraudulent concealment is always intentional.
Common misunderstandings
What to do if this term applies to you
If you believe you are a victim of fraudulent concealment, consider the following steps:
Document all relevant information and communications related to the concealment.
Consult with a legal professional to assess your situation and determine the best course of action.
Explore US Legal Forms for templates that can help you file a claim or respond to fraudulent concealment allegations.
Find the legal form that fits your case
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