If you’ve suffered harm due to someone else’s negligence, it’s important to understand legal standing and whether you can file a claim or not. Whether you were hurt in a car accident, a slip-and-fall, or any other accident, you need to have proper standing in order to move forward with your case.
What is Legal Standing?
Simply put, the definition of legal standing is your legal right to sue someone in court. It’s not about resolving the case details yet, it’s about whether you’re the correct person to bring the claim and if the court can address your issue.
Think of it as proving to the court why you are involved in the matter. Without this, your claim won’t be heard. Most courts use similar factors to determine legal standing:
- A Legally Cognizable Interest: You must show a valid interest under the law. For example, if you’re suing for medical expenses, it must relate to an actionable injury or loss.
- An Injury-In-Fact: You must demonstrate a real or threatened injury. This doesn’t only mean physical harm; it can also include property damage or other personal losses, like the violation of your rights.
- Causation: The injury must be linked to the defendant’s direct actions or negligence. This means the harm wasn’t caused by an unrelated third party.
- Redressability: The court must be able to address your injury through its decision. For example, they may order the defendant to pay for your losses.
Legal Standing in Personal Injury Cases
When it comes to personal injury, legal standing examples are straightforward in most situations. Here are some specific points to consider for standing in these types of cases:
1. Do You Have a Cognizable Interest?
This simply means you must have a direct connection to the injury. Were you personally involved in the incident? If the injury happened to your child or another dependent, you likely have standing to seek recovery on their behalf.
Similarly, if someone’s negligence caused the wrongful death of a loved one, you may be able to act on their behalf to seek compensation for their loss of life, funeral expenses, your pain and suffering, and more.
Read More: Who Can File a Wrongful Death Claim?
2. Do You Have Evidence of an Injury?
To file a personal injury lawsuit, there must be evidence of harm. For example, medical records, photographs of injuries, or treatment bills. Without these, it may become difficult to pursue a claim.
Keep in mind that a scratch on your car bumper might lead to a property damage claim but not a personal injury claim if you weren’t physically harmed.
Read More: Evidence to Collect Following a Car Crash
3. Did You Sue the Right Defendant?
Part of proving your standing involves naming the correct defendant. For instance, if the driver who hit you was distracted by their phone, you would sue that individual for their negligence, not the phone manufacturer.
4. Can the Court Redress Your Injuries?
A personal injury case usually seeks financial compensation. Courts can award damages to cover your medical bills, lost wages, or pain and suffering. However, they cannot enforce penalties like suspending a defendant’s license or sending them to jail. Those matters are handled by separate traffic or criminal cases.
Why Does Standing Matter?
Establishing legal standing ensures that lawsuits are legitimate and involve parties directly connected to the issue. Without standing, courts couldn’t prioritize their caseloads. This concept prevents misuse of the justice system and ensures that only valid claims proceed.
Have You Been Injured? Learn If You Have a Claim.
If you’ve been hurt due to someone else’s negligence, you may be able to file a personal injury claim. The personal injury attorneys at DM Injury Law will guide you through this entire process. No matter how you suffered your injury, we’ll help you create a strategy best suited to your needs.
Schedule your free consultation with us today. We know how overwhelming an injury like this can be, which is why you don’t have to pay unless we win.
We have offices all over the Midwest, including:
We also take cases in Nebraska and Illinois.
Do you want to learn more about your personal injury lawsuit and the applicable laws? Sign up for our monthly newsletter.