What Is Spoliation of Evidence and Why It Matters in Personal Injury Cases
Spoliation of evidence occurs when a party, witness, or any individual intentionally destroys, alters, or tampers with evidence that could be relevant to a legal case. In simpler terms, spoliation is the deliberate mishandling or destruction of evidence. In personal injury cases, evidence can include medical records, accident photos, video footage from dashcams or security cameras, witness statements, repair estimates, and other documentation critical to proving liability and damages. Preserving this evidence is essential because it forms the backbone of your case and can directly influence the compensation you may recover.
When spoliation occurs, there can be severe consequences. In civil lawsuits, judges have the authority to impose sanctions on the party responsible. These sanctions may include instructing the jury that the destroyed or tampered evidence should be considered true or that it would have supported the opposing party’s claims. Essentially, this can create a legal presumption that the evidence, had it existed, would have favored the non-offending party. This is a powerful tool in personal injury cases, as it can significantly strengthen your position, even if the original evidence might have been disputed.
Spoliation is not limited to civil consequences. In some cases, intentionally destroying evidence can also lead to criminal liability. Depending on the circumstances, this can result in fines, penalties, or imprisonment. Because of these serious consequences, it is critically important to never alter, delete, or hide any information, documents, or records related to a legal matter. Even accidental destruction can create complications, so maintaining careful records and preserving all evidence is essential.
Working with a skilled personal injury attorney ensures that evidence is properly preserved and handled according to legal standards. Attorneys can advise clients on what to keep, how to document it, and how to legally obtain evidence from third parties, such as police departments, hospitals, or businesses that may have witnessed the accident. They can also file motions to prevent destruction of evidence and, if necessary, use subpoenas to obtain critical records. Proper evidence preservation can make a significant difference in the outcome of your case, affecting medical compensation, lost wages, property damage claims, and pain and suffering awards.
For example, imagine an accident at an intersection with no independent witnesses. A nearby store’s surveillance camera captures the collision, but the footage is deleted before the store is subpoenaed. Without proper legal intervention, critical evidence is lost, which could weaken your claim or reduce your potential compensation. Cases like this highlight why immediate legal guidance is crucial.
