Direct and Circumstantial Evidence

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about how to prove a case she is thinking about pursuing. She wanted to know the difference between direct and circumstantial evidence. She wouldn’t say what conduct she was concerned about.

Ordinarily, we would not indulge such a caller as we find it difficult to discuss concepts involving legal proof divorced from concrete facts.

But, we hear these terms being used a lot in the media. Often people use the terms incorrectly to suggest that circumstantial evidence is not admissible evidence. That’s not true.

Both direct and circumstantial evidence can be admitted into evidence and can be used by a jury to reach a conclusion.

So what is the difference between direct and circumstantial?

Direct evidence is direct proof of a fact.

Circumstantial evidence is indirect proof of a fact.

For example, direct evidence that a person acted in a particular way might be the testimony of someone who actually saw the person act in such a way. – This would include testimony by Bob that he saw Sally texting while driving.

On the other hand, circumstantial evidence that Sally was texting while driving might be the testimony of Sally’s cell phone provider explaining that the data shows that at the time of the crash, Sally was sending a text.

It is not necessary that any fact be proved by direct evidence.

A jury may consider both direct evidence and circumstantial evidence as proof.

Of course, it depends on which side of an issue the media are supporting when the terms are used, but often the public is left with the impression that circumstantial evidence constitutes evidence that is inadequate.

But, that is simply not the case.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”