What Is Spoliation Of Evidence?
The “spoliation of evidence” also known as “destruction of evidence”, is the intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding.
Most times, if you do not hire a personal injury lawyer, the at-fault person/persons do not preserve the evidence necessary to prove your claim. There is a short “window of time” to put the at-fault person/persons on notice. A letter must immediately be sent to the at-fault person/persons responsible for your injuries, requiring them to preserve relevant evidence.
If the at fault party thereafter fails to preserve evidence, the Court may impose sanctions or take action to “level the playing field”.
Courts have traditionally punished intentional spoliation by applying a presumption that the destroyed evidence was adverse to the party that destroyed it.
Tangible physical evidence can be pertinent in a personal injury case. Physical evidence varies based on the kind of personal injury claim you pursue. It is crucial that you consult with a personal injury lawyer immediately after an accident to ensure evidence is gathered and preserved as best as possible.