In any personal injury case, evidence is everything. Surveillance footage, medical records, vehicle data, and internal communications can make or break a claim. But what happens when the opposing party destroys, alters, or fails to preserve critical evidence? This is known as spoliation of evidence, and it’s more common than most people realize. Below, our friends at Mitchell & Danoff Law Firm, Inc explain what happens when the other side destroys evidence in your case.
What Is Spoliation of Evidence?
Spoliation of evidence refers to the intentional or negligent destruction, alteration, concealment, or failure to preserve evidence that is relevant to a legal proceeding. In the context of personal injury law, this can take many forms.
A property owner might delete surveillance camera footage showing a slip-and-fall accident. A trucking company might fail to preserve electronic logging device data after a crash. A hospital might alter medical records after a malpractice incident. A manufacturer might discard a defective product after being notified of an injury.
Spoliation can be deliberate — someone actively destroying evidence they know is damaging — or it can result from negligence, such as failing to implement a litigation hold when a lawsuit is reasonably anticipated.
Why Spoliation Matters in Personal Injury Cases
Evidence has a shelf life. Surveillance footage is typically overwritten within days or weeks. Vehicle “black box” data can be lost if the car is repaired or scrapped. Electronic communications are routinely purged according to retention policies. Physical evidence deteriorates or gets thrown away.
This means that timing is critical. Once an accident occurs and a legal claim is foreseeable, parties have a legal duty to preserve relevant evidence. When they fail to do so — whether intentionally or through carelessness — it can fundamentally change the landscape of your case.
The loss of key evidence doesn’t just make your case harder to prove. It can also indicate that the evidence was unfavorable to the party who destroyed it.
The Duty to Preserve Evidence
The obligation to preserve evidence arises when litigation is reasonably anticipated — not when a lawsuit is actually filed. This is an important distinction. A store owner who watches a customer fall on a wet floor knows, or should know, that a legal claim may follow. At that point, the duty to preserve the surveillance footage attaches.
Personal injury lawyers often send what is known as a preservation letter or litigation hold notice early in the process. This letter formally notifies the opposing party of their obligation to preserve all evidence related to the incident. It puts them on notice that any destruction of evidence after receiving the letter may result in serious legal consequences.
If you’ve been injured, one of the most valuable things an attorney can do in the early days of your case is send this notice before critical evidence disappears.
Legal Consequences of Spoliation
Courts take spoliation seriously, and the consequences for destroying evidence can be significant. The specific remedies available vary by jurisdiction, but they generally fall into several categories.
Adverse inference instructions allow the judge to tell the jury that it may presume the destroyed evidence was unfavorable to the party who destroyed it. This is one of the most powerful sanctions because it effectively turns the absence of evidence into evidence itself.
Evidence preclusion can prevent the spoliating party from introducing certain evidence or arguments at trial. Monetary sanctions, including fines and an order to pay the other side’s attorney fees related to the spoliation issue, are also common. In the most extreme cases, courts may issue case-dispositive sanctions, such as dismissing the defendant’s defenses or entering a default judgment.
The severity of the sanction typically depends on the degree of fault — whether the destruction was intentional, reckless, or merely negligent — and the importance of the lost evidence to the case.
How to Protect Your Case from Evidence Loss
If you’ve been injured and believe you may have a personal injury claim, there are several steps you can take to protect the evidence in your case.
Document everything yourself as soon as possible after the incident. Take photographs of the scene, your injuries, and any relevant conditions. Write down what happened while it’s fresh in your memory. Get the names and contact information of witnesses.
Report the incident promptly. If it occurred on someone’s property, report it to management. If it’s a car accident, file a police report. These official reports create an independent record.
Contact a personal injury attorney quickly. One of the first things an experienced lawyer will do is send preservation letters to all parties who may possess relevant evidence, including businesses, insurance companies, employers, and healthcare providers.
Do not wait. The most damaging form of spoliation is often the kind that happens passively — a security system that automatically overwrites footage after 30 days, or a vehicle that gets repaired before the data recorder is downloaded.
What to Do If You Suspect Evidence Has Been Destroyed
If you believe the opposing party in your personal injury case has destroyed or failed to preserve important evidence, raise the issue with your attorney immediately. Your legal team can file a motion with the court seeking sanctions for spoliation.
Courts understand that when evidence is destroyed, the playing field is no longer level. The sanctions available for spoliation are designed to restore fairness and ensure that the party who lost or destroyed evidence does not benefit from doing so.
Spoliation of evidence is a serious issue that can dramatically impact the outcome of a personal injury case. Whether you’re just beginning to investigate a potential claim or you’re already in litigation, understanding the importance of evidence preservation — and knowing what to do when the other side fails to preserve it — can make a significant difference in the strength of your case.
Disclaimer: This content should not be construed as legal advice.
