The right to file a lawsuit is also known as standing to sue. You either have standing to sue according to Iowa state law or you do not have it.
If you have standing to sue, then you have the legal right to bring a lawsuit and to recover damages. However, if you do not have standing to sue, then the defendant(s) can make a motion to have your case dismissed and you will not recover damages for your injuries. Thus, it is important to talk to an experienced lawyer as soon as possible to determine whether you have standing to pursue a negligence security claim against a property owner after an attack or assault.
You Might Have Standing If…
Generally, you will have the right to pursue a negligent security case in Iowa if:
- You are an adult and you were the one hurt in the negligent security incident. If you are over the age of 18 and mentally competent, then you have the right to pursue your own recovery.
- You are the parent or guardian of a minor child who was hurt in a negligent security incident. In this case, you may pursue legal action on behalf of the child who does not yet have the authority to file a lawsuit.
- You are the legal guardian of someone over the age of 18. As the legal guardian, you may have the right to pursue litigation and a fair recovery on behalf of the person in your guardianship.
- You are the personal representative of the estate of a person who died in the negligent security incident. In this circumstance, you may start a wrongful death lawsuit on behalf of the estate. However, any recovery would belong to the estate and be distributed accordingly.
Your time to file a claim is limited, so it is important to find out if you have standing to sue and to find out more about how negligent security cases work in Iowa as soon as you can. To learn more, please read our free report, Negligent Security: What You Need to Know About It, or start a live chat with us at any time.