In any personal injury claim filed in Chicago, the injured person must meet the burden of proof to recover compensation. The burden of proof is a legal standard that determines what a party must prove in court and the standard they must meet to win their case.
If you were injured due to someone else’s negligence, understanding the burden of proof can help you know what to expect during your case and how to work with your attorney to build a strong case.
Who Has the Burden of Proof in a Personal Injury Case?
In Illinois personal injury cases, the plaintiff (injured person) has the burden of proof. This means you must prove:
- The defendant owed you a duty of care.
- The defendant breached that duty.
- The breach caused your injuries.
- You suffered damages as a result.
The defendant is not required to prove they were not negligent. Instead, you must show enough evidence to meet the legal standard to prove liability.
What Is the Legal Standard for Burden of Proof in Civil Cases?
Prosecutors must prove guilt “beyond a reasonable doubt” in criminal cases. The standard is lower in civil cases. Illinois uses the preponderance of the evidence standard.
This requires demonstrating that the facts in your claim are more probable than not.
What Are the Four Elements of a Negligence-Based Claim?
There are four elements that must be proven in a negligence-based claim. They are as follows:
Duty of Care
You must prove that the defendant had a legal duty to act with reasonable care. For example:
- Drivers have a duty to obey traffic laws and drive safely to avoid harming others on the road.
- Property owners have a duty to maintain safe premises for customers, visitors, and guests.
- Manufacturers have a duty to design and produce products that are safe for their intended use.
A duty of care is determined by the relationship between the parties.
Breach of Duty
You must show that the defendant failed to uphold their duty. This could include:
- Speeding through a red light or ignoring stop signs
- Leaving spills on a store floor for hours without warning signs
- Selling a product with a dangerous defect that injures users.
Your lawyer will gather evidence showing how the defendant’s actions did not meet the standard of what a reasonable person would have done in the same situation.
Causation
You must prove the defendant’s breach caused your injuries. Illinois recognizes two types:
- Cause in fact: Your injury would not have occurred without the defendant’s actions.
- Proximate cause: The injury was a foreseeable result of the breach.
For example, if a distracted driver runs a red light and collides with your car, causing you to suffer a back injury, that harm was both directly caused by and a foreseeable result of their negligence.
Damages
Finally, you must prove you suffered real harm, such as:
- Emergency medical treatment and hospital bills
- Ongoing physical therapy or rehabilitation
- Lost income from missed work
- Permanent disability or reduced earning capacity
- Pain, suffering, and emotional distress
Without damages, even if negligence is proven, there is no valid personal injury claim.
How Do I Prove My Case?
Meeting the burden of proof requires credible evidence. This may include:
- Photos or videos of the accident scene, vehicles, or hazards
- Police or incident reports documenting what happened
- Medical records showing your injuries, treatment dates, and recovery timeline
- Witness statements supporting your version of events
- Expert testimony from doctors explaining the severity of your injuries or from accident reconstruction specialists showing how the crash occurred
Your attorney will help gather and organize this evidence to present the strongest possible case.
What Happens if I Fail to Meet the Burden of Proof?
If you do not meet the burden of proof for any one element, your case may be dismissed or result in a defense verdict. Even if your injuries are severe, without proof of fault, you will not be able to recover compensation.
Insurance companies often use this to their advantage, arguing that evidence is incomplete, inconsistent, or unconvincing. A lawyer will be able to anticipate these tactics to protect your rights.
Can the Burden of Proof Be Shifted?
In most personal injury cases, the burden remains on the plaintiff. However, if the defendant raises an affirmative defense (such as claiming comparative fault), they must provide evidence supporting that defense.
Illinois uses a modified comparative negligence rule. If you are found to be more than 50% at fault, you cannot recover damages. If you are found to be 50% or less at fault, your compensation will be reduced by your share of fault.
For example, if you are awarded $100,000 but found 30% at fault, your recovery will be reduced to $70,000.
Contact Powell and Pisman Injury Lawyers for a Free Consultation with a Chicago Personal Injury Lawyer
If you were injured in Chicago and are concerned about proving your case, Powell and Pisman Injury Lawyers can help. With 35 years of combined experience and more than $250 million recovered—including 75 settlements and verdicts exceeding $1 million—our Chicago personal injury lawyers know how to build strong evidence to meet the burden of proof.
Call us today at (312) 635-5400 to schedule your free consultation and learn how we can fight for the compensation you deserve.