Standing to sue is a legal principle that imposes some requirements on the person who brings a suit in federal court. The party filing a lawsuit must have a right to request the court to decide the merits of a particular case they’re involved in. So, it is not about proving the facts of the case.
Quick Example…
For easy understanding, let’s give an example.
If your third cousin suffers injuries in an accident caused by a careless truck driver, he or she has “standing” to sue the truck driver for damages.
However, you, a third party, do not have that right to file a lawsuit against the driver.
There are a few exceptions, though. For example, you can bring a particular claim where you have interchangeable economic interests with the injured person.
If the injured party is an infant or mentally challenged, you can sue under the next friend doctrine.
Standing to Sue Requirements
Under Article III of the U.S Constitution, the federal courts are only limited to hearing actual cases and controversies.
The “case or controversy “clause sets out the requirements a plaintiff must meet for their case to proceed in a court.
- Injury-in-fact
You may have “standing” to sue if you can demonstrate that you’ve suffered an actual injury.
Injuries can take physical, economic, or non-economic forms. In some cases, a person can suffer all these types of injuries.
Please note injuries cannot be imminent or hypothetical. They must have occurred to satisfy Article III’s standing requirement.
- Causation
Causation connects the conduct of the defendant with the injury a plaintiff has suffered. It is one of the elements of proof of negligence.
The injury or other effect should be fairly traceable to the defendant’s actions, whether directly or indirectly. Simply put, the result wouldn’t have occurred were it not for the defendant’s actions.
If causation is not proven, then the plaintiff cannot succeed with the case.
- Redressability
When a plaintiff brings a lawsuit to the federal court, it must be likely that the court will order the defendant to correct whatever wrong they’ve done or compensate for the harm inflicted on the plaintiff.
The defendant may also be required to pay penalties or fines. Courts do this to deter defendants from repeating the injury-causing actions in the future.
- Prudential standing limitations
Even when the above three standing requirements have been met, the federal courts may refuse to adjudicate some claims when they see fit. The prudential restraints touch on several areas, including generalized grievances and zone of interest.
- · Generalized grievances
When an injury or effect is widely shared between many people in undistinguishable ways, a plaintiff may not have the standing to bring a claim.
For instance, taxpayers have no standing to sue for grievances regarding the expenditure of federal funds, which affects the general public.
- Injury within the zone of interest
The interests that a plaintiff asserts should be within zones where the statue can protect them.
In some cases, it can be hard to prove standing to sue even when the injury or effect is real, and more consequences may be felt in the future. Lawsuits involving data breaches and environmental pollution fall into this group.
Standing to sue is not an easy topic. If there’s something you don’t understand and need an expert to talk for better understanding, find an experienced attorney with specialization in standing to use lawsuits.
Speak with a Personal Injury Lawyer
Do you need to speak with a personal injury lawyer? Contact The Mahone Firm today to speak with New Orleans personal injury lawyer, Mike Mahone, for a free evaluation of your case.
