“Standing to sue” is a foundational legal principle that determines whether a party has the right to file a lawsuit. Before a lawsuit is considered, it is crucial to establish if the claimant has a legitimate basis or “standing” to present their case in court.
There are three primary elements of standing:
For a claimant to have standing, they must first demonstrate that their injury is both actual and real. This means injuries can be physical, such as bodily harm, or economic, like lost wages or property damage. Mere hypotheticals or potential risks of injury aren’t enough; the injury should be proven with compelling evidence and must have occurred before the lawsuit is filed.
Causation is where the “but for” test comes into play. The court evaluates whether the claimant’s injury would have happened if not for the defendant’s actions or lack thereof. If there’s no clear link between the defendant’s behavior and the claimant’s injury, the causation element may not be satisfied, possibly preventing the claimant from proceeding with the lawsuit.
Lastly, for a claimant to have standing, the court must be in a position to provide some form of relief for the injuries sustained. This relief can be equitable—requesting the court to take or prevent specific actions—or monetary. Monetary compensations can be classified as:
It’s essential to note that if a defendant is found liable, a jury will determine the value of both economic and non-economic damages.
Despite meeting the three elements, certain situations may inhibit a claimant’s right to sue. For instance, if a claimant has a mental deficiency preventing them from making decisions, they might not be allowed to file a lawsuit. Similarly, only close relatives can claim standing in wrongful death cases. Also, it’s generally challenging for taxpayers to prove standing when contesting government decisions.
If you believe you have a valid case or want to learn more about the intricacies of “Standing to Sue,” claim your FREE consultation today with ANTN LAW APC. Fill out our simple online form to get started, and our experts will get back to you promptly.
At ANTN LAW APC, I’ve always taken immense pride in championing for those in need. As the lead attorney, Arpine Navasardyan, I bring a wealth of experience and dedication to the fields of personal injury, post-conviction relief, and criminal defense. My passion lies in representing the injured, ensuring they not only receive the justice they deserve but are also fairly compensated for their trauma. In the realm of criminal defense, I ardently believe in preserving the rights of every individual, making certain their voices are heard in a system that often feels overwhelming. Moreover, my specialization doesn’t just stop at defense. I’ve dedicated countless hours to post-conviction relief, diligently working to rectify potential miscarriages of justice or legal oversights. Under my guidance, the ANTN LAW APC team exemplifies professionalism and unwavering commitment. Together, we’re on a mission to consistently deliver exceptional results while advocating for the rights and well-being of our esteemed clients.