You may think receiving compensation in a personal injury case is a straightforward procedure.
After all, the least a person deserves after sustaining an injury due to someone else’s fault is getting timely compensation, right?
However, some essential checks are put in place to ensure that only the right people are eligible to file a lawsuit for personal injury.
A plaintiff must satisfy certain elements to qualify for “standing to sue” – the right that allows you to file a lawsuit.
Let’s discuss what standing to sue is and what its elements are in a personal injury case.
What is “Standing to Sue”?
Standing to sue qualifies a plaintiff as a proper party for filing a lawsuit. In simple terms, the plaintiff must have convincing evidence to plea the judge to accept their case.
However, it doesn’t mean that qualifying for filing a lawsuit ensures a successful case. The result will depend on the evidence suggesting the plaintiff’s loss at the defendant’s expense.
Elements of Standing to Sue
The elements constituting a “standing to sue” include:
· Injury in Fact
The plaintiff must have sustained a real injury to file a lawsuit.
These can include getting hit by a car, workplace accidents, and medical malpractice. It also includes other injuries such as emotional distress and monetary losses.
Moreover, the injury must have occurred in real-time and must not be hypothetical or based on risk.
If you have proof of any injury, you may proceed with the lawsuit.
Causation involves having sufficient reason to suggest the defending party must have caused the injuries.
In other words, causation will be established if the injuries can be traced to the defendant and not some independent third party.
Once the injury and causation have been established, the court can decide the compensation for the plaintiff.
The plaintiff must have a stake in the outcome to qualify for redressability. The court may hold the defendant responsible for undoing the damage or pay to impose fines.
Some of the redressability actions include:
- Covering up the lost income, salary, or bonus of the plaintiff,
- Paying for the medical bills and nursing home expenses,
- Emotional pain caused to the plaintiff.
If you have sustained a personal injury due to another individual or entity’s fault, reach out to LCPC Legal today!
We will provide you with expert legal counsel regarding the best way to claim your damages with minimum hassle. Isn’t that just what you want?