If your injury stems from the violation of a law, you may have a private right of action. Call our law firm today to learn more.
When a person is injured due to the negligence of another, the victim maintains the right to file a personal injury lawsuit for damages. However, in some cases, a private right of action may exist, as well. Consider the following basic information about private rights of action, and please reach out to the Law Offices of Raul A. Guajardo, P.L.L.C for more information about whether or not you have a private right of action.
What is a Private Right of Action?
As defined by the Loyola University Chicago Law Journal, a private right of action “allows a private plaintiff to bring an action based directly on a public statute, the Constitution, or a federal common law.”
Breaking that down a bit, a private plaintiff in this case means an ordinary citizen, not the state. Action in this context refers to a civil lawsuit, rather than a criminal lawsuit.
Express vs. Implied Private Rights of Action
There are two types of private right of action: express and implied.
An express private right of action exists when, within the law or statute, the legislature (Congress) has explicitly stated that a private person can bring forth a lawsuit if they are a victim of the breach of the statute (criminal enterprise). For example, under the Americans with Disabilities Act, a person has an express private right of action to bring forth a lawsuit against a defendant who violates the law.
The other type of private right of action is an implied private right of action. If a person has an implied private right of action, this means that Congress has not explicitly expressed that a person has the right to a civil action against a defendant who violates the law, but that the legislature intended for a private person to be empowered to do so. Implied rights of actions are created by courts, even when Congress makes no specific action to a private right of action.
Why Pursue a Private Right of Action?
As explained by an article in The New York Law Journal, there are two primary reasons why a plaintiff may choose to pursue a private right of action:
- The first reason to pursue a private right of action is that the recovery of damages may be had, whereas none would be had otherwise; and
- The second reason to consider the pursuit of a private right of action and because the statute allowing for a private right of action may allow for the recovery of compensatory damages, attorneys’ fees, and punitive damages.
Talk to a TX Attorney to Learn More
If you have been injured by the negligence of another, you may have a personal injury case. However, if you believe that your damages have occurred as a direct result of the defendant’s violation of a law or the Constitution, you may have a private right of action. To learn more about private rights of action as they pertain to personal injuries, please call the Law Office of Raul A. Guajardo, P.L.L.C. today for your free consultation.