If you or someone you care about as been injured by someone else’s negligence then you may be wondering if you’re legally able to bring a personal injury lawsuit against the negligent party. In some cases, who can and cannot bring a case is simple. In other cases, it gets a little more complicated. Read on to learn more about the specifics and the contact Law Offices of Fernando D. Vargas for a free case evaluation to get details on your own case.
What exactly is “standing”?
Before we continue, let’s discuss the definition of “standing.” In legalese, it refers to a person’s legal ability to bring a lawsuit before the courts. In California, as in many courts across the country, it’s important that the person that’s bringing a case is the person with real interest in the issue. That certainly means that the person who was actually injured by someone else’s negligent and / or intentional act has the ability to file a lawsuit.
However, there may be other people involved who can also bring a personal injury lawsuit to the court. Generally speaking, this means that most people who were impacted by the accident are able to bring a suit. Of course, as with anything else, there are limitations.
Deciding who has standing
Parents or legal guardians are generally able to bring a lawsuit on behalf of their child if their child was a minor and was injured in a car accident or other incident. If the victim of the accident did not survive the accident then other individuals may be able to bring an action for wrongful death. Some of the people who might have standing in that case include:
- A personal representative of the deceased.
- The domestic partner of the deceased.
- Anyone who’s entitled to property of the deceased under California law involving intestate succession. This would include the deceased’s spouse, children, and possibly others.
- Any minor was received at least half of their support from the person who died. The child must also have resided with the victim for at least 180 days before the accident that caused death occurred.
Still not sure if you have standing?
Are these rules confusing? Do you think you may have standing but you’re not 100% sure? If so, then your next move should be to call Law Offices of Fernando D. Vargas at 909-982-0707. Attorney Vargas has decades of experience working within the law and can assess your case.
Remember that we take cases on contingency. This means that you won’t owe us a penny until we recover funds for you. We cover all filing costs, investigative costs, expenses for expert witnesses, and any other costs of litigation. There is no risk to you so call us today to find out what your options are.
