What Evidence Do You Need to Win a Premises Liability Lawsuit?

If you have a premises liability lawsuit in Chicago, you will need evidence to recover the financial compensation you deserve. No matter what happened, if you can’t prove it, you won’t be able to secure a settlement or win a verdict in court. 

Filing a successful premises liability lawsuit requires two types of evidence. These are: (i) evidence of liability; and, (ii) evidence of damages.

Evidence of Liability 

You need evidence of liability to prove that the property owner is legally responsible for your injuries. Under Illinois law, property owners can be held liable for visitors’ and guests’ injuries in a wide range of circumstances (and they can even be held liable for trespassers’ injuries in some cases). While every case is unique, some examples of the types of evidence that can be used to prove liability include:

• Forensic Evidence from the Accident Scene – Once you hire an attorney to represent you, your attorney will be able to send an investigator to the location where you were injured to document the accident scene and preserve any forensic evidence that may be available. 
• Surveillance Camera Footage – If your accident was captured on video, the footage could be key evidence in your premises liability lawsuit. 
• Eyewitness Photos, Videos, and Testimony – If anyone witnessed your accident, they may be able to testify as to what happened, or they may have photos or videos that your attorney can use to help prove your premises liability claim. 
• Property Records and Internal Communications – If the property owner has records documenting the issue that caused your injuries, or if it has text messages, emails, or other internal communications showing that was aware of the issue and failed to address it, your attorney may be able to use these as well. 
• Incident Reports – Likewise, if the property owner has incident reports from prior accidents, these could be useful for showing that the property owner failed to exercise due care. 
• Your Photos, Videos, and Testimony – If you were able to take any photos or videos at the accident scene, these could also be key evidence in your premises liability lawsuit. Your attorney can also help you decide whether to testify in support of your claim. 
• Testimony from the Property Owner or Its Employees – Your attorney may also be able to use the property owner’s or its employees’ testimony to show that the property owner failed to meet its duty of care under Illinois law. 

Again, these are just examples. Various other forms of evidence may be available as well, and the specific evidence you need to win your premises liability lawsuit will depend on the nature of your accident, where your accident happened, and various other factors. When you hire an experienced premises liability attorney to represent you, your attorney will rely on his or her experience to conduct a thorough investigation, assess all potential grounds for liability, and use the available evidence to prove that you are entitled to just compensation. 

Evidence of Damages

In addition to proving that you are entitled to just compensation, winning a premises liability lawsuit also requires proof of how much compensation you are entitled to recover. The losses you are entitled to recover in a premises liability lawsuit are referred to as your damages. 

Damages can also take many forms, and they can be both financial and non-financial in nature. Typical damages in a premises liability case include medical bills, medical supplies and prescription medications, lost earnings, emotional trauma, pain and suffering, and loss of enjoyment of life. To prove these damages, your attorney will need evidence such as:

• Your Medical Records 
• Your Employment Records 
• Your Receipts for Medical Bills, Medical Supplies, and Medications 
• Your Receipts for Any Other Out-of-Pocket Costs 
• Records Documenting Your Physical, Occupational and/or Psychiatric Therapy 
• Documentation of Your Daily Pain Levels
• Documentation of the Other Ways Your Injuries Impact Your Daily Life

Here too, these are just examples. Once you hire an attorney, your attorney will be able to assist you with collecting all of the evidence you need to prove the financial and non-financial costs of your injuries. Then, with all of the necessary evidence in hand, your lawyer will be able to fight for the financial compensation you deserve. 

Discuss Your Premises Liability Lawsuit with an Attorney in Chicago for Free

Do you need to know more about filing a premises liability lawsuit in Chicago? If so, we encourage you to contact us promptly. Proving negligence in a premises liability claim can be extremely complex. The Chicago premises liability lawyers at Coplan + Crane have been helping the wrongfully injured recover the compensation they deserve for years. Insurance compaies know us by name and know that we will fight for the full and fair compensation to which our clients are entitled under Illinois law.

Contact Coplan + Crane today online or at 312-982-0588 to schedule a FREE case evaluation. We welcome clients from across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle these cases on a contingency basis, which means you don’t pay unless we win.