As defined by the Merriam Webster dictionary spoliation is “the destruction, alteration, or mutilation of evidence especially by a party for whom the evidence is damaging.” Spoliation is a factor in legal cases where the opposing side has evidence that is important to proving your case. Spoliation can be a significant issue in injury claims, especially claims where liability is in dispute. As a result, it is important to take steps immediately after an injury to preserve and protect evidence for future use.
There can be a wide range of evidence that can be subject to a claim of spoliation, a few examples include:
- Security Video
- Written Statements
- Vehicle or Property Damage
- Pictures
- Dash Cam Footage
- Property Conditions
- Computer or Digital Data, or
- Incident Reports
In order to have this evidence protected the party that holds the evidence must be placed on notice that this evidence is important to your claim and needs to be protected. Depending on the status of the person or company that holds this evidence there can be punishments if they fail to preserve and protect this evidence after being placed on notice of your pending claim.
It is important that the person that holds evidence be placed on notice of your claim and the need to preserve and protect evidence immediately. Many times, evidence is destroyed or repaired quickly in the regular course of business. Property damage or dangerous property conditions are often repaired immediately following an accident. Surveillance footage may be deleted or recorded over in a matter of days, and once it is lost it cannot be recovered. If the evidence you need is not preserved before it is repaired or destroyed it can be lost forever. As a result, it is important to take steps quickly to preserve the evidence needed to prove your claim.
Know that just because you place a party on notice of your claim and ask that they preserve necessary evidence does not mean they will give the evidence to you. Many times, an insurance company or person at fault for an incident will hold on to all available evidence until after a lawsuit is filed. If you have been injured in Mississippi and need evidence protected to prevent spoliation, or need a lawsuit filed to obtain valuable evidence contact The Laura Law Firm at 601-517-9911.