Sometimes potential clients are surprised to hear that they’re not eligible to sue another person or entity. What can stop a person from suing someone else?
Both the federal and state governments have rules about who can sue whom. When you call the Law Offices of Tim Misny about your case, one of the first determinations we’ll make is whether you have standing to sue the other party. It’s the first hurdle you must clear before you can pursue compensation.
What is standing?
Standing is a legal concept embraced throughout the world. In the United States, standing was originally described in the federal Constitution. Over the years, state governments have adopted similar rules.
Having standing means that you are the appropriate party to request compensation or other remedies. Standing prevents people from filing lawsuits if they haven’t suffered any harm. For instance, a driver who almost got into a six-vehicle pile-up can’t file a claim against the other drivers.
If you don’t have standing, your case will be dismissed.
The three elements of standing
There are three key elements of standing. All must be present in order to proceed:
- Injury in fact: “Injury” can mean physical, emotional or mental harm, economic loss and harmed caused to certain interests. A plaintiff must have suffered actual harm.
- Causation: A plaintiff must sue the party who caused the damages—i.e., there’s a direct connection between the defendant’s conduct and the harm suffered.
- Redressability: Finally, there must be a way for the court to address the issue, whether that’s financial compensation or another type of remedy. If the court can’t “make the plaintiff whole” through legal remedies, there’s no point in going through a lawsuit.
Ohio has one exception. “When a plaintiff brings an action presenting ‘rare and extraordinary’ issues which ‘threaten serious public injury,’ he or she need not allege any personal stake in the outcome of the case in order for the court to hear it.” This is a very rare exception. So far, Ohio courts have declined to recognize the exception in cases dealing with state legislation, the state lottery and environmental concerns, among other public interest issues.
In the vast majority of personal injury cases, the Ohio exception will not apply. Our firm will review your case according to the three traditional elements of standing, then explain your legal options.
Discuss your case with an Ohio personal injury lawyer today
If you’ve been injured as a result of someone else’s negligence, you deserve compensation. When you have standing to sue, I’ll Make Them Pay!® Call me at (877) 944-4373 right away to discuss your case, your legal options and what I can do to help.