What Evidence (Burden of Proof) Do You Need to Win a Personal Injury Case?

[Cue the sound effect.] With over 25 seasons and more than 1,000 episodes, almost everyone is familiar with the Law & Order television franchise. The two-count “clank clank” of a prison door closing. And the phrase “beyond a reasonable doubt.”

This article is not about that. “Beyond a reasonable doubt” is the burden of proof in a criminal case.

Instead, this article is about “a preponderance of the evidence.” It is the much lower burden of proof we use in civil cases and usually less familiar than its criminal law counterpart.

Personal injury cases are heard in civil court. The stakes in a civil case (the defendant’s potential financial liability for damages) are considered lower than those in a criminal case (the defendant’s loss of personal liberty). So it follows that the plaintiff’s burden of proof is lower in a civil case.

The Four Things You Must Prove in Court

If you file a personal injury case in civil court, you are known as the “plaintiff.” It is your job to prove, by a preponderance of the evidence, each of the four elements of your case against the defendant.

1. Duty: The defendant owed you a duty of reasonable care.
2. Breach of Duty: The defendant breached that duty, either by doing something negligent (not reasonable) or by failing to do something that was reasonable.
3. Damages: As a result of that breach, you were physically injured.
4. Causation: That injury is causally connected to the defendant’s breach of duty.

What Does the Defense Have to Prove?

Technically, the defendant doesn’t have to prove anything in court. If the plaintiff fails to meet the burden of proof, the defendant wins. That said, if the defendant wants the jury to believe certain defenses–such as your comparative negligence, your assumption of the risk, or your failure to mitigate damages–the defendant usually has to prove those defenses.

So What Is A Preponderance of the Evidence?

A preponderance of the evidence simply means “more likely than not.” To win your case, you must prove each element of your case by a preponderance of the evidence.

Unlike a criminal prosecution, you do not have to remove all possible doubt in the juror’s mind. Instead, you have to convince the jury that your version of the story is more likely true than not true–even a small tip of the scales of justice in your favor is enough.

Evidence Helps Tell Your Story

The evidence you present to the jury helps tell that story. Juries must decide cases based on evidence, not on speculation. Helpful evidence in a personal injury case might include:

• Police and other incident reports
• Photos and videos, including surveillance video
• Eye-witness testimony
• Expert witness testimony
• Medical records
• Employment and pay records

One More Thing

Since we’re talking about burden of proof, it also bears mentioning that in an Illinois civil case, a plaintiff has to convince all of the jurors to return a verdict in their favor. A jury in a criminal case must also be unanimous in their verdict.

Putting it all together: in a personal injury case, we only have to prove your case by a preponderance of the evidence, but you still need a unanimous jury.

Here’s Where I Come In

If this all sounds pretty straightforward, it is. But here’s the thing. The defendant’s attorney will be putting up roadblocks every step of the way in an attempt to poke holes in your story. The defense will object to your evidence, try to discredit your witnesses, attempt to minimize your damages, and more. Remember, the defense only has to defeat one essential element of your case–duty, breach of duty, damages, or causation–to win the case.

In sum, the defense attorney’s job is to cast enough doubt on your story that the jury finds one element of your case is more likely not true than true. My job as your attorney is not only to help you tell your story, but to anticipate and overcome those roadblocks.

Your job? Your primary job is to focus on your recovery. Contact Chicago Personal Injury Lawyer Stephen Hoffman

Have you been injured? Seek medical attention immediately. Report accidents to the police and your own insurance company. Report work injuries or accidents to your employer. Then contact an experienced personal injury lawyer.

If you have questions, contact Chicago personal injury attorney Stephen L. Hoffman for a free consultation at (773) 234-3931. With over 30 years of legal experience, Stephen gets results. He has collected millions of dollars for his satisfied clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. Stephen is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.

Stephen handles personal injury cases on a contingency fee basis. This means you pay nothing up front, and Stephen only gets paid if you do. You have a limited time to file a claim, so don’t wait another day. Contact Stephen now and start putting your life back together.