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Georgia Breach of Fiduciary Duty Attorney

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A person with a fiduciary duty has a responsibility to act in your best interests. When this person fails to act in your best interests, it is called a breach of fiduciary duty. A breach of a fiduciary can have serious consequences that range from ruining a person’s finances to ruining their reputation.

At Peak Wooten McDaniel & Colwell LLP, we represent clients in cases involving breaches of fiduciary duty. Our skilled breach of fiduciary duty lawyers can help you file a lawsuit against the person who breached their duty to you and fight for full justice and compensation on your behalf. Contact us today to learn more about how we can help.

Defining Terms

  • A fiduciary duty is when a person or organization has the legal and ethical responsibility to act in someone else’s best interests.
  • A fiduciary is a person or organization that accepts a fiduciary duty.
  • The principal or beneficiary is the person to whom the duty is owed.
  • A breach of fiduciary duty occurs when the fiduciary fails to meet that standard of duty by not acting responsibly on behalf of its principal or beneficiary.

When Does a Fiduciary Relationship Exist?

In Georgia, a fiduciary duty exists when a party places confidence and trust in another party with that party’s full knowledge. The most common fiduciary relationships exist between legal and financial professionals acting on behalf of others. This may include:

  • An attorney acting on behalf of a client
  • A trustee acting on behalf of a beneficiary
  • A broker acting on behalf of a client
  • An insurance company acting on behalf of the insured
  • An employer acting on behalf of an employee

How Does a Breach of Fiduciary Duty Occur?

A breach of duty has happened when a fiduciary acts in a way that contradicts the principal or beneficiary’s best interests. Breaches of fiduciary duty may occur through fraud, conflicts of interest, or the failure to disclose relevant facts. An example of a breach of fiduciary duty is when a trustee embezzles estate funds for their own personal benefit.

What Are the Elements of a Breach of Fiduciary Duty Case?

In a breach of fiduciary duty case, you must prove the following four elements:

  • That the person had accepted a duty to serve another person’s best interests.
  • That the person breached or violated this duty.
  • That the person’s breach of duty resulted in damages or losses to the person the duty was owed to.
  • That the person’s breach of duty directly caused those damages or losses.

Our breach of fiduciary duty lawyers understand the complexities involved in these types of cases and can help you prove that the breach of this duty resulted in your damages.

Contact A Breach of Fiduciary Duty Lawyer

At Peak Wooten McDaniel & Colwell LLP, our Georgia personal injury attorneys understand how much a breach of fiduciary duty can affect your finances, business, or reputation, and we want to help you hold the responsible person accountable. Through a breach of fiduciary duty lawsuit, you can recover compensation for your losses.

Call (833) 644-1899 today to schedule a free case consultation and find out more about your legal options. We never charge any upfront fees.

We are open for business and continue to be available to existing and new clients through virtual meetings and teleconferences. Please call 1-833-644-1899 to be connected to our attorneys.