Following a serious accident, you and your family need justice, accountability, and the full financial support due to you under Texas law. A personal injury claim provides victims with a path to hold the at-fault party liable for the damages that they have caused. To hold another party responsible for your accident, you will need to be ready to produce compelling evidence. To do that, you’ll need a letter of spoliation.
One of the many challenges of personal injury law is that the relevant evidence is sometimes held by the defendant. A letter of spoliation is an important legal tool that can be used to help ensure that a defendant preserves the evidence that you may need. Here, our Brazoria County personal injury attorney explains the most important things victims should understand about letters of spoliation.
What Is A Spoliation Letter?
Simply described, a letter of spoliation is a type of legal notice that officially informs a potential defendant or other implicated third party that they may have evidence/information with relevance to your personal injury case.
A well-drafted spoliation letter clearly notifies the recipient of the potential evidence and emphasizes their duty to preserve that evidence. It can be a very important tool to help ensure that relevant evidence is not lost or destroyed—either intentionally or unintentionally.
When Is a Spoliation Letter Required?
1. When Evidence Is At Risk of Being Destroyed or Altered
If there is a reasonable belief that key evidence, such as documents, physical items, or electronic data, might be destroyed or altered before the case is resolved, a spoliation letter is necessary. This can apply to items like accident scene photographs, maintenance records, emails, or surveillance footage.
2. When the Evidence Is Critical to Your Case
If certain evidence is integral to proving your claims or defending against the opposing party’s claims, it is important to send a spoliation letter. For instance, in a personal injury case, a vehicle’s black box data, security camera footage of an incident, or medical records may be key evidence.
3. When You Are Aware of Potential Destruction of Evidence
If you have reason to believe that the other party is aware of the importance of certain evidence but is failing to preserve it, issuing a spoliation letter becomes necessary. For example, if the party who possesses important records or physical evidence is about to dispose of or overwrite digital data, a letter can help enforce the duty to preserve it.
4. When Legal Proceedings Are Imminent
A spoliation letter is often sent before litigation officially begins, as it serves to alert the other party of their duty to preserve evidence related to a potential lawsuit. This letter acts as a reminder and formal request to prevent any actions that might compromise the integrity of the case.
5. When You Need to Prevent “Inadvertent” Destruction of Evidence
Sometimes, parties involved in a dispute may not be aware of their duty to preserve evidence. A spoliation letter serves as a clear reminder, urging the responsible party to take steps to safeguard important information, thereby preventing inadvertent destruction of evidence.
6. When There Is a Risk of Evidence Being Lost in the Normal Course of Business
In some instances, evidence could be lost or discarded during the regular operations of a business, such as during routine document disposal or system upgrades. A spoliation letter can serve to place the party on notice that the evidence in question is crucial to a potential legal claim and should be preserved.
Texas Law: Adverse Inference for Failure to Preserve Evidence
Under Texas law, parties to a potential legal dispute have a general duty to make a good faith effort to preserve relevant evidence that they have in their possession. What a party violates that duty, it could have an effect on the case.
As articulated in 1993 Texas appeals court case of Brewer v. Dowling, the spoliation of evidence can be rectified with an adverse inference. In other words, if a party knowingly, intentionally, or negligently fails to keep relevant evidence, the court will assume that the evidence in question was going to be unfavorable to them.
By sending a comprehensive spoliation letter in a personal injury case, you can put yourself in the best possible legal position. Doing so will help to ensure that the potential defendant is clearly aware of the evidence that they could have and their duty to preserve it. If they follow through and keep it, you can get access to that evidence. If they lose or destroy the evidence, then you may be entitled to an adverse inference in your favor.
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At the Kolodny Law Firm, our Brazoria County personal injury attorney is an aggressive, reliable advocate for injured victims and the people they care about most. If you have any questions about spoliation letters or the personal injury claims process in general, we can help.
‘Contact us now for a no cost, no commitment case review. Our personal injury lawyer represents victims throughout Brazoria County, including in Pearland, Lake Jackson, Alvin, Angleton, Clute, and Manvel.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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