“Standing to sue” is a legal term that refers to the person’s right to file a lawsuit. Generally, to have this right, the plaintiff must have an interest in the case’s outcome. If you’ve suffered an injury and incurred damages because of someone else’s negligence, you have a standing to sue. This means you have the right to file a personal injury lawsuit with the goal of recovering damages.
A personal injury attorney from Morris Bart can determine whether you have legal standing to sue in your case. If yes, they can help you through the legal motions and fight to obtain fair compensation.
What Is Standing to Sue?
Standing to sue is the legal right to file a lawsuit against the at-fault party. If you don’t have the standing to sue to file a lawsuit, you can’t proceed with the case in court.
It’s one of the first things a judge determines before giving a case the green light. If you don’t have the legal right to file a lawsuit, the court will dismiss the case for a “lack of standing.”
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The Elements of Having the Standing to Sue
To understand whether you have the standing to sue, you have to check the potential of your case against three key elements of this legal principle.
Imminent Injury-in-Fact
To file a lawsuit, you must have an actual injury. This injury can be physical or emotional, which can affect your quality of life. This injury must have happened already to the party who wants to take legal action.
For example, let’s say you slipped, fell, and sustained physical injuries such as a broken bone or a TBI (traumatic brain injury). You suffered economic losses that included medical bills, lost income, and property damage.
Another example is a car accident. The collision may not have caused major injuries but led to a severe case of PTSD (post-traumatic stress disorder) or another mental health disorder. Injuries must occur before the lawsuit is filed. However, you can obtain compensation for losses that you might suffer in the future due to this injury.
Parties seeking to file a wrongful death action can also have legal standing to seek action, even if they did not directly experience physical losses. Loved ones of people who suffered fatal injuries can have standing to sue the liable party for their relatives’ losses.
Causation
For the court to accept your right to file a lawsuit for physical harm or economic harm you suffered, there must be a connection between your injuries and the defendant’s actions. If the judge decides there is a reasonable likelihood that the defendant’s behavior caused your injuries, you have the standing to sue or take legal action.
Keep in mind that at that point, the court doesn’t make any decisions about the case’s outcome. It simply reviews the available evidence to understand whether the case before it has merit. If the judge doesn’t see a connection between your injuries and the potential defendant’s actions, they may dismiss your case.
A court could consider contributory negligence as it reviews your case. If your actions contributed to your injuries and losses, this could affect the court’s decision on whether you have standing to sue. Still, you can consult with an attorney to review an injury or loss to see if you can pursue damages for it.
Redressability
For the court to accept your lawsuit, there must be a possibility of compensation for the injured party suing another person or entity. The judge needs to determine if the potential ruling in your favor can somehow compensate for your damages, whether they are economic injuries or non-economic losses.
While the compensation can’t undo the injuries or prevent them from having serious consequences, it should be able to at least provide some relief to the plaintiff. For example, if you win the case and obtain financial compensation, it can help you cover medical expenses for treating broken bones or pay for therapy to deal with PTSD. You might be able to recover damages for emotional distress, loss of enjoyment, and other losses from the negligent party.
What Is ‘Dismissed on Standing’?
“Dismissed on standing” is a legal concept that involves dismissing the case because of the lack of standing to sue. If the court decides you don’t have the right to file a lawsuit, it dismisses the case due to the “lack of standing.”
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How do I Demonstrate I Have Standing to Sue?
Demonstrating standing to sue requires you to present evidence to the court. It doesn’t have to be extensive evidence that helps you win the case. You simply need to provide proof that demonstrates your lawsuit’s right to exist.
It may be hard to understand the difference between the evidence you need to make your case and the evidence to prove your case’s merit. That’s why you can benefit from working with an attorney.
A personal injury attorney can help you collect the necessary evidence to convince the judge that you have the standing to sue. If you aren’t sure whether you have the standing to sue, an attorney can give you an answer during the case evaluation. Speaking with a personal injury lawyer before taking your case to court could save you a substantial amount of time and money.
Does Having the Standing to Sue Mean that I’m Likely to Win My Personal Injury Case?
Standing to sue doesn’t necessarily mean that you will win the case. It merely demonstrates that you have a chance to do so. The outcome of your lawsuit depends on many factors, including:
- Your ability to prove negligence
- The quality of evidence you used to support your case
- Expert witnesses’ testimony
- Proper document filing
You might be able to increase your chances of winning a personal injury lawsuit by hiring an experienced attorney.
Can a Judge Dismiss My Case Even If I Have Standing to Sue?
There are several reasons why the court could still dismiss your case even if your lawsuit is valid. One of them is the expired statute of limitations. Working with an attorney can help you stay on track with your case so that you don’t miss this important deadline.
When it comes to personal injury cases, injured parties have only a limited time to file a lawsuit. The statute of limitations varies from state to state. For example, in Louisiana, it’s one year, while in Mississippi, it’s three years.
Once the legal time to file a personal injury lawsuit is up, the court is highly likely to dismiss your case regardless of its potential integrity.
Contact a Personal Injury Attorney to Evaluate Your Standing to Sue
Demonstrating standing to sue is the key to filing a lawsuit. Without it, the judge will simply dismiss the case before it starts. To show that you have the right to proceed with a personal injury lawsuit, you need to provide relevant evidence.
If you aren’t sure that you have the standing to sue, consult an attorney. An experienced legal team from the Morris Bart law office can help determine whether you have a case. If you do, they can offer extensive assistance throughout the lawsuit and improve your chances of obtaining fair compensation.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
