Gathering strong evidence is critical to proving your claim if you’ve been injured due to someone else’s negligence. But what happens if that evidence disappears before your attorney can review it? That’s where a preservation letter comes into play.
A preservation letter, also called a “spoliation letter,” is a formal written request sent by an attorney to an individual, company, or entity, instructing them not to destroy or alter specific evidence that may be relevant to a legal claim. In personal injury cases, this letter is vital in ensuring that essential records, videos, or documentation are not lost before trial.
Why a Preservation Letter Matters
Timing is everything in a personal injury case, whether it’s a car accident, a slip and fall, or a workplace injury. Many types of evidence can quickly be erased or destroyed as part of routine business practices. For example:
- Surveillance footage might be deleted automatically after a set number of days.
- Vehicle data can be lost if the car is repaired or totaled.
- The responsible party might discard emails, maintenance logs, or safety reports.
If this evidence is destroyed, proving fault becomes much harder. A preservation letter creates a legal duty for the recipient to preserve the evidence listed. Failing to comply could result in legal penalties or negative inferences during the trial.
What Should Be Included in a Preservation Letter?
A well-written preservation letter is specific, timely, and legally sound. While the content will vary depending on the case, most letters include:
- The names of the parties involved
- A summary of the incident
- A description of the evidence that must be preserved
- A formal demand not to destroy, alter, or discard any materials
- A statement explaining legal obligations related to evidence preservation
Your personal injury attorney will tailor the letter based on the type of case. For example, if a slip and fall occurred at a grocery store, the letter might request store security footage, cleaning logs, incident reports, and employee schedules.
How a Preservation Letter Helps Strengthen Your Case
Here’s how this simple legal document can significantly boost your personal injury claim:
1. Protects Key Evidence
First and foremost, the letter helps ensure that critical evidence is not lost accidentally or intentionally.
2. Establishes a Legal Record
The preservation letter documents your intent to pursue a legal claim and holds the other party accountable. The court may view their actions as negligent or intentional if they later claim the evidence no longer exists.
3. Discourages Tampering
When a company or individual receives a preservation letter, they are put on notice. This discourages any attempts to tamper with or alter the evidence.
4. Supports Discovery Requests
Later in the litigation process, your attorney can use the preservation letter to reinforce formal discovery demands. If the evidence requested is missing, your lawyer may ask the judge to impose sanctions.
When Should You Send a Preservation Letter?
As soon as possible. Delays in sending a preservation letter can mean the loss of vital evidence. Contact a personal injury attorney immediately if you’ve been injured and are considering legal action. They will assess your case and send the appropriate letters to protect your legal rights from day one.
Final Thoughts
A preservation letter may seem like a small part of a personal injury case, but it can make a big difference. Acting quickly and securing critical evidence increases your chances of achieving a fair settlement or favorable verdict. If you’ve been injured due to someone else’s negligence, talk to an experienced personal injury lawyer today. They’ll know precisely how and when to send a preservation letter to protect your claim.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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