Standing to sue is a legal term that refers to the person’s right to file a lawsuit. Generally, in order to have this right, the plaintiff needs to have an interest in the outcome of the case.
If you’ve been injured due to someone else’s negligence and incurred damages, 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 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 the judge determines before giving the case a green light. If you don’t have a 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 need to have an actual injury. This injury can be physical or emotional.
For example, you slipped, fell, and sustained physical injuries such as a broken bone or a TBI (Traumatic Brain Injury). You suffered economic losses that include medical bills and lost wages.
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).
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.
Causation
For the court to accept your right to file a lawsuit, there needs to be a connection between your injuries and the defendant’s actions. If the judge decides that there is a reasonable likelihood that the defendant’s behavior caused your injuries, you have the standing to sue.
Keep in mind that at that point, the court doesn’t make any decisions about the outcome of the case. It simply reviews the available evidence to understand whether the case has merit. If the judge doesn’t see a connection between your injuries and the potential defendant’s actions, your case may be dismissed.
Redressability
For the court to accept your lawsuit, there has to be a possibility of compensation. The judge needs to determine whether the potential ruling in your favor can somehow compensate your damages.
While the compensation can’t undo the injuries or prevent them from having serious consequences, it should be able to provide at least 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.
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 that 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.
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Does Having the Standing to Sue Mean that I’m Likely to Win My 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
- Expert witnesses’ testimony
- Proper document filing
You can 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 your case may still be dismissed even if your lawsuit is valid. One of them is the expired statute of limitations.
When it comes to personal injury cases, there is only a limited amount of 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 Morris Bart 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.
