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What a Spoliation Letter Can Do to Preserve Your Personal Injury Claim
For a personal injury claim to succeed, it must have the backing of solid and well-documented evidence. Collecting the evidence can be challenging, especially when the key evidence is in the opposing party’s hands. In such a scenario, accessing the evidence will depend on whether the defendant preserves or loses the evidence. A skilled Daytona Beach personal injury attorney can help you ensure that the evidence is preserved by serving them a spoliation letter.
What is a spoliation letter?
A spoliation letter, also referred to as a preservation letter, is a legal notice sent to the party holding the evidence requesting its preservation. Oftentimes, the preservation letter requests the opposing party not to:
- Hide the evidence
- Tamper with the evidence
- Destroy the evidence
Without this legal notice, the opposing party may get rid of the evidence as part of running the business even when the intention is not to destroy the evidence. However, after being served with the spoliation letter, the defendant is obligated by law to preserve the evidence.
What type of evidence the spoliation letter can help preserve?
When drafting a spoliation letter, it is always important to involve an experienced Daytona Beach personal injury attorney to ensure that no information is left out.
Here’s a list of the evidence a spoliation letter can help preserve:
- Photo or video footage of the accident scene
- Every piece of information about permits and licenses
- Alcohol and drug test results
- Driver qualification documents
- Vehicle inspection reports
- The drivers driving logs
- Phone records, including text messages
- Medical reports
- Evidence from onboard recording devices
- Correspondence, emails, and other relevant documents relating to the crash
When is a spoliation letter necessary?
In most circumstances, spoliation letters are required where an accident involves a truck.
Establishing the cause of truck accidents can be challenging because of the many possible contributing factors. These factors could include mechanical malfunction, improper loading, and driving hours, among others.
In most instances, the information obtained at the accident scene involving a truck may not be sufficient to determine the cause. This makes looking into the company records necessary to establish the cause and establish fault.
Of importance also is the time factor when sending the spoliation letter. As soon as the accident happens, it would be best to have your Daytona Beach personal injury attorney help you draft a spoliation letter to the defendant in time. Doing this will help eliminate the possibility of evidence destruction, whether malicious or unintentional.
Tips to drafting an effective spoliation letter
A lot of care should be exercised when drafting a spoliation letter to avoid making costly mistakes. A well-crafted preservation letter should:
- Indicate your intention to pursue legal action
- Be specific and to the point on the evidence to be preserved
- Be done with the help of a skilled personal injury attorney
Talk to our experienced Daytona Beach personal injury attorney today
When you sustain accident-related injuries in Florida, accessing the critical evidence can play a crucial role in recovering fair compensation for your claim. When the evidence is in the opposing party’s hands, it is always essential to serve them with a spoliation letter requesting them to preserve the evidence relevant to your case.
At Rick Kolodinsky, P.A., we understand the process can overwhelm you, and that’s why we step in to assist. Our team of skilled Daytona Beach personal injury attorneys will help you every step of the way, from drafting your spoliation letter to representing you in the lawsuit, and ensure you get fair compensation for your damages.
Please feel free to contact us at 386-200-1866 today or fill out our online form for a free case evaluation.
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