3 Elements Of Standing To Sue

You may be able to recover compensation for your medical bills and other losses by filing an insurance claim or a lawsuit against a negligent party. However, a number of factors can influence whether or not you have standing to sue in a given situation.

Injury in Fact

To justify a lawsuit, you must demonstrate that you (or a loved one) suffered actual harm. You cannot file a lawsuit for future injuries that have not yet occurred or for hypothetical injuries that may or may not occur. However, the nature of the damage you may have sustained varies from case to case.

For instance, you may have been injured in a slip-and-fall accident. A property owner may have neglected to address a hazard (such as a wet floor) in a reasonable and timely manner.

In this case, it would be simple to demonstrate “actual injury” for standing. A doctor could document your injuries and demonstrate that they were caused by your fall. There are other instances where you cannot establish standing because you have not yet suffered an injury.

Causation

The first step in establishing standing is alleging that you suffered actual injuries. Typically, you must also demonstrate that the injuries were caused by the negligence of another party.

To return to a previous illustration, you may have sustained an injury after slipping in the grocery store. It may not be difficult to demonstrate this as the cause of your injuries. To recover compensation, however, you must also demonstrate that you would not have likely slipped on the spill if another party had not been negligent. Their actions caused you to fall, sustain injuries, and incur losses.

In this instance, you would likely need to provide evidence that store employees should have been aware of the spill and cleaned it up or posted warning signs prior to your accident. You must demonstrate that your accident and injuries were a predictable result of their actions.

Redressability

The final element of standing to sue is whether or not the legal system can compensate you for losses related to your injury. For instance, your accident-related injuries may have necessitated expensive medical treatment. The negligent party or their insurer may be required to cover your medical expenses.

If you have suffered no harm, you lack the right to file a lawsuit. You were also unable to prove negligence.

Be aware that the losses for which you may be compensated in a lawsuit can vary depending on a number of factors. For instance, victims of certain types of accidents may be entitled to compensation for non-economic damages such as pain and suffering. If they are seeking workers’ compensation benefits after an on-the-job accident, they cannot typically do so.

Are you contemplating filing a lawsuit for damages? The best way to determine whether you have cause to file a lawsuit is to consult with an attorney. A lawyer will evaluate the specifics of your case and advise you on whether to pursue legal action.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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