When an individual decides to file a lawsuit against another person or entity, he or she must have standing to do so. This means that the individual filing the suit has been directly harmed by the actions of another party or indirectly harmed in a substantial manner. Who may have standing in a personal injury case, and how can personal injury lawyers help them seek justice?
The Victim Always Has Standing
Assuming a victim survives his or her injuries, he or she is entitled to file a lawsuit on his or her own behalf. However, the suit must be filed before any statute of limitations runs out, and it must general be filed with a court that has jurisdiction in the area where the accident happens.
What If the Victim Is Incapacitated or Dies?
When the victim is incapacitated or dies, another person may represent him or her in court. Generally, a spouse or an immediate family member such as a sibling or parent can file a lawsuit or generally stand in on that person's behalf. Assuming the victim is killed because of the negligence of another person or entity, the spouse, parent or sibling of the victim. A child or grandchild who is over the age of 18 or 21 may also take legal action on behalf of a dead parent or grandparent.
What If a Dead Victim Has No Direct Living Family Members?
In the event that a dead victim has no direct living family members, no one may have standing to sue on his or her behalf. However, the law in a particular jurisdiction may have specific rules that may still allow some sort of a lawsuit to be filed against whoever may have caused the wrongful death to occur. It may also be possible to obtain compensation through an insurance policy or some other mechanism.
What Can a Lawyer Do to Help?
A lawyer may be able to review the case and determine if an individual has standing. If so, he or she will gather evidence or talk to witnesses in the case to make it easier to obtain an award via trial or through settlement talks. If possible, the victim may want to provide a statement to an attorney or testify as part of a formal trial. You should always visit the lawyers website like claimaccident.ca to learn more about what they offer and how they can help you.
Those who have caused another person to suffer an personal injury or death because of their negligence should be held financially responsible for their actions. If a case is allowed to proceed, it may be possible to obtain compensation for a variety of damages including medical bills or related costs for physical therapy or modifications to a home or vehicle.