There’s no doubt that car accidents and other personal injury situations can be pretty devastating and traumatizing. Most victims in these situations are often left with severe injuries and damages that can be life-altering. The only good news about such situations is that you can sue and win a fair settlement for your damages in the accident. But then, you should verify that your case has the required elements of standing to sue.
Of course, your injury lawyer can negotiate a settlement with liable parties for your damages outside court. But then, there are times when these negotiations hit a wall, and it becomes necessary to head to court. In such cases, you want to ensure that you have the proper standing to sue for your settlement before proceeding. Luckily, this article will discuss the three elements of standing to sue. So, read until the end to learn more about this legal concept.
What is Standing?
According to the U.S. Constitution and Florida State laws, standing is the legal concept that has to do with a person’s capacity to sue for a case in court. The law concept entails that the person should have an interest or stake in the case’s outcome.
For instance, injured victims in an accident caused by another party have the standing to sue for settlements.
What does Standing to Sue Mean?
On its part, standing to sue is a concept that refers to a person’s right to file a lawsuit against another party. The concept derives from the Latin phrase – “locus standi,” which entails that a person filing a lawsuit should be the ‘right’ person to get compensation from the case.
To break it down, this concept entails that people can only up and sue anyone with a substantial case. The law requires that you should have standing before you can sue anyone or a party.
The Three Elements of Standing to Sue
As mentioned, personal injury lawyer proves a victim’s standing to sue before filing a case against liable parties. This involves establishing that your case has all the three elements of standing to sue, which include the following:
Injury in Fact: According to Florida State laws, a victim is required to prove that they have suffered an injury before filing a personal injury claim. The injury can include a physical one (external and internal wounds, broken bones and dislocations, etc.), monetary losses ( medical bills, lost wages, property damage), or mental injuries (trauma, breakdowns, depression).
The law also requires proof that you sustained the injury from an accident before filing the lawsuit. Otherwise, the victim does not have the standing to sue. It is also crucial to note that standing is not granted for risk of injuries or hypothetical claims. Instead, the law requires that the injury be verifiable through evidence before standing can be granted.
Causation: This element of standing to sue concerns the other party’s liability for your damages in the accident. When considering causation, you should know that the court is not to decide if the other party is liable for your damages and injuries in an accident. Instead, the judge is to consider all evidence in the case to determine if they can draw a valid link between the other party’s roles in the accident and your damages.
To do this, the court often considers if you would have still gotten the injury if the other party didn’t act the way they did. When they can not establish a valid link between the defendant’s actions and your damages, you will likely not have the standing to sue for any settlement.
Redressability: This element majorly concerns the legal system, and it has to do with the ability of the court to provide relief for the claimant. As mentioned earlier, the person making a claim must have a personal stake in the case’s outcome. Indeed, the court can not magically undo your damages or heal your injuries. However, the defendants can be financially liable for your damages if your case has all the elements of standing to sue.
Examples of Standing to Sue
Having discussed the elements of standing to sue, let’s now consider a few examples of real-time situations where the concept can come to play in a personal injury case.
Example 1: Let’s assume a person named Mark sustains a broken bone after he slips and fall on a wet and slippery floor in a grocery store. Mark might have the standing to sue in such situations because (1) he has sustained an injury. (2) the fall likely resulted from the store’s negligence because they failed to dry the floor or warn him about its slickness. Finally, (3) compensation will help him recover his financial losses from the fall.
Example 2: Let’s also assume that a person named Lizzy lost a friend who was involved in an accident with a drunk driver. In this situation, Lizzy does not have the standing to sue the driver for her friend’s wrongful death.
Since Lizzy is not a diseased family member, she does not have the standing to sue in such cases because the justice system does not have a way to compensate her for the loss.
Coleman Law Group can Help You!
Overall, it is always best to hire the services of a personal injury lawyer so they can help you make the most of your case. In addition, these lawyers are often educated and have in-depth knowledge about standing to sue. So they can help you objectively assess your case for better representation.
You may be considering hiring the right lawyer for your case. In that case, you should contact us at Coleman Law Group now. Rest assured that we are always dedicated to helping you make the most of your accident or personal injury claims.