It’s not enough to believe someone else is at fault for your injuries. You have to prove it. The only way to win a personal injury case is to have enough evidence that an insurer is willing to settle, or a jury can award you compensation. It’s up to you to find the evidence that supports your personal injury claim. Then, you have to arrange and use it in such a way that persuades an insurer or jury that you’re right. Doing all of this is a tall order, especially if you’re unfamiliar with Illinois personal injury law and litigation.
We recommend you work with an experienced Chicago personal injury attorney who will gather evidence on your behalf, evaluate the strongest argument for your case, and fight hard for you to recover compensation.
Reach out to Staver Accident Injury Lawyers, P.C. through our online form or at (312) 236-2900. We offer free initial consultations.
When you file a personal injury lawsuit in Illinois, you become the plaintiff—the party responsible for proving that someone else’s negligence caused your injuries. Because you’re the one making the claim, the law requires you to prove the defendant is at fault. Even in civil cases, courts start with the presumption that the defendant is not liable. To recover compensation, you must overcome that presumption by presenting evidence that shows the defendant acted negligently.
In some limited situations, the burden of proof can temporarily shift to the defendant. This often happens if you can show that the defendant violated a law—such as a state statute or city ordinance—designed to protect public safety. If you prove this violation occurred, it serves as prima facie evidence of negligence, meaning the court will presume the defendant was negligent unless they can prove otherwise.
This creates a rebuttable presumption, shifting the obligation to the defendant to show their actions were reasonable despite the violation. However, this shift only applies to that specific presumption—it does not transfer the overall burden of proof in the case. You are still responsible for proving the remaining elements of your claim.
To win your case, it’s not enough to simply present evidence—you need to meet a specific legal standard. In personal injury cases, that standard is called a preponderance of the evidence. This means you must show it is more likely than not that the defendant’s actions caused your injury.
This is a lower threshold than the “beyond a reasonable doubt” standard used in criminal cases, but it still requires a clear and convincing presentation of the facts.
To meet the burden of proof, you’ll need strong and relevant evidence. But not all evidence is allowed in court. The Illinois Rules of Evidence govern what can and cannot be presented.
Generally, only relevant evidence—that which makes a key fact more or less likely to be true—is admissible. However, even relevant evidence can be excluded if it:
Your attorney will carefully gather and present evidence—such as medical records, witness testimony, and accident reports—to support your claim and avoid these pitfalls.
There are broad types of evidence, including direct and circumstantial evidence. Direct evidence speaks for itself. The evidence proves that a specific fact is true or false. Common types of direct evidence are confessions, eyewitness accounts of accidents, photos, and video footage.
Circumstantial evidence implies something. It asks the jury to infer that something is true. You might think circumstantial evidence is weaker than direct evidence, but this isn’t necessarily true. Entire cases have been won based on circumstantial evidence. In personal injury cases, this is known as res ipsa loquitur, which means implied negligence.
For example, if you were hurt in a car crash because another motorist ran a red light, there might be direct and circumstantial evidence to support a claim against the other driver. Your testimony and other eyewitnesses’ testimony are direct evidence. If the crash was caught on a traffic camera, the footage is direct evidence. But what if no one else saw the accident and there’s no video? You might rely on circumstantial evidence, like photos that show the angle at which your vehicle was struck and where your car ended up.
In a personal injury case, we’ll look for:
Proving the other party’s liability and your injuries in an insurance claim or personal injury lawsuit takes work. You need to investigate your case independently. Don’t rely on what the insurance company said they found.
By working with an experienced personal injury attorney in Illinois, you have someone who knows how to dig into your accident. Then you need to review and evaluate the available evidence. What are the strengths and weaknesses of your case? What’s the best way to present the evidence to the jury? Our team will build a strong, persuasive case in pursuit of full and fair compensation.
Call (312) 236-2900 or use our online form to schedule your free consultation. We can discuss what you need to do to prove your personal injury claim and how we can help.
When you’re fighting for maximum compensation, we know what it takes to get it.
