It may be helpful for you to familiarize yourself with this concept, especially when you are thinking about throwing yourself into a lawsuit, such as a personal injury case. Legal standing is the ability to prove to the court an adequate connection to and harm from the law or action challenged to support that party’s participation in the case. But without some other kind of filing by that date, the court can dismiss the case, regardless of the merit of the underlying claim. Walton Telken, an Edwardsville, IL, personal injury lawyer, further explains below everything. What is legal standing?
What Is Legal Standing to Sue?
Legal standing is the capacity to show a direct and substantial relationship to a case and, therefore, the authority to bring it to the attention of a court. This ensures judicial intervention in the disputes filed by persons who have suffered specific detriments closely related to the matter. The courts trim irrelevant material to keep the proceedings fair and relevant to the impacted parties.
In the world of personal injury, having standing means demonstrating that a true injury has occurred and that that injury is the direct result of an act or negligence on the part of another party. This connection forms the basis for the pursuit of justice and compensation. If a party does not have standing, a court may not address that serious concern, and standing is a legal requirement that cannot be absolved.
What Are the Elements of Standing to Sue?
Establishing standing requires proving three things: injury, in fact, causation, and redressability.
Injury in Fact
Injury means that a person must have suffered a concrete and specific injury. This injury can be physical, financial, or emotional, but it must be real, not hypothetical. In personal injury cases, the injury in fact (or harm) is the physical injury suffered (like a broken bone) or money lost in the form of medical bills. And because many traumatic injuries have physical and emotional consequences that can be permanent, according to the Mayo Clinic, fair payment to the victim is even more important.
Causation
Causation requires a direct connection between the injury and the defendant’s conduct. This means that injuries sustained during events must be directly caused by the other party’s negligence or wrongful act. In Illinois, causation is usually the test for whether the defendant’s breach of duty was the direct cause of the injury, as in car accidents and slip-and-fall cases.
Redressability
Redressability means a court can offer some form of remedy to fix the harm. These may include reimbursement for medical expenses, lost income, or emotional distress. Without a remedy, there is no standing.
Examples of Personal Injury Cases Pertaining to Standing to Sue
Example 1: Slip and Fall at a Grocery Store
Slips and falls are among the most common personal injury cases. Unmarked wet floors and other unwarranted hazards can cause injury and allow the victim to sue the property owner for negligence. According to the Illinois State Bar Association, premises liability is the most common type of personal injury law.
Example 2: Medical Malpractice
Patients injured through the negligence of a medical professional, such as in a case of misdiagnosis or surgical error, often have standing in a medical malpractice claim. Proving injury in fact and causation is essential, supported by other evidence, such as medical records and expert testimony.
Example 3: Car Accident
Car accidents are a common source of personal injury claims. A victim injured due to another driver’s negligent behavior, such as speeding or distracted driving, typically has standing to sue. Ohio Legal Help notes that compensation can cover damages, including medical bills, lost wages, etc.
Can a Person Lack the Legal Standing to Sue Even Though They Have a Valid Case?
Yes. Standing is an assurance that the plaintiff has enough of a stake in the claim, even if the claim is otherwise sound if someone fails to make out one of three standing elements, they have standing nonetheless. If the injury is hypothetical or unrelated to the defendant’s actions, the court will likely throw out the case. Standing is a bulwark that helps keep the courts focused on cases where people suffer tangible, measurable harm.
Standing in a Personal Injury Case
Standing up in personal injury cases is important in obtaining justice. That includes showing evidence of harm, linking the injury to the defendant’s actions, and demonstrating that a remedy ordered by a court is feasible. With that in mind, ensure that all cases fulfill all legal requirements.
Schedule a Free Consultation with Walton Telken
Walton Telken can help. We are located in Edwardsville, IL, and our personal injury department provides just client compensation. Call us at 844-307-7349 for a free consultation today.
