Petrov Personal Injury Lawyers | November 11, 2022 | Legal
In order to file a lawsuit against another party in a court of law, a person must have standing. Standing essentially means that the person has the ability to sue regarding the situation at hand.
The issue of standing is addressed federally by the United States Constitution and is also addressed at the state law level. There are three elements a person must satisfy in order to have standing to sue.
Elements of Standing to Sue
California courts look at three elements to determine whether you have standing to sue: injury-in-fact, causation, and redressability. These elements are further examined below.
Injury In Fact
In order to sue another person or entity, you must have suffered an actual injury. An injury can be physical, like one that results from using a defective product. An injury can also appear as economic damages, such as medical bills or lost wages. Your injuries must have been sustained by you before filing the lawsuit and provable through the presentation of evidence in court.
Causation is a legal concept that refers to linking the damages or injuries you have suffered to the conduct of the party whom you are suing. In determining causation, the court will evaluate the evidence to decide if you would not have been injured but for the conduct of the liable party.
This element concerns the judicial system’s ability to provide relief to the party bringing the lawsuit. While a court cannot reverse the injuries sustained by the plaintiff, it can provide financial relief in the form of damages. As a result, this standing element is relatively simple to assert in a personal injury case. Personal injury victims can claim economic damages as well as non-economic damages.
Economic damages include items such as:
- The victim’s medical expenses, either in the past, present, or future
- The cost of long-term care as a result of the plaintiff’s injuries
- The victim’s lost wages or bonuses
Non-economic damages include items such as:
- Pain and suffering carried by the plaintiff, such as emotional distress or mental anguish
- Disfigurement and scarring from the injury
- Permanent disabilities
- Loss of enjoyment of life
The jury looks at all of the injuries suffered by the plaintiff, as mentioned above, and determines the amount of money to which they believe the plaintiff is entitled.
I Have Standing To Sue – Now What?
Just because a plaintiff is determined to have standing to sue does not mean that the plaintiff automatically wins their case. Standing is a prerequisite to bringing the lawsuit and is not an element within the claim itself (for example, a negligence claim). The plaintiff will then have to go on to establish the elements involved in their claim. If the case goes to trial, the jury will be the factfinder to determine if the plaintiff should win.
Contact the North County Personal Injury Lawyers at Petrov Personal Injury Lawyers for Help Today
We serve in North County, CA and its surrounding areas: