What Happens When Evidence in Your Case Is Destroyed? - Personal Injury Evidence - What is Spoliation of Evidence? - How To Prove Spoilation of Evidence

What Happens When Evidence in Your Case Is Destroyed?

Evidence is the backbone of any injury case. When critical evidence disappears, whether intentionally or through negligence, it can dramatically affect the outcome.

 

Destroyed evidence may include surveillance footage, vehicle data, damaged equipment, or documents. In some cases, parties have a legal duty to preserve evidence once a claim is foreseeable. Violating that duty can lead to serious consequences and is referred to spoliation.

What is Spoliation of Evidence?

Spoliation of evidence refers to the destruction, alteration, loss, or failure to preserve evidence that is relevant to a legal claim. This can happen intentionally, such as when someone deletes records or disposes of physical evidence to avoid liability, or negligently, such as when important documents or surveillance footage are not properly preserved after an accident. In injury and wrongful death cases, spoliation can involve things like vehicle data, maintenance logs, safety reports, emails, or video recordings.

 

Courts take spoliation seriously. If a party destroys or fails to preserve key evidence after they knew or should have known that a claim was likely, a judge may impose penalties. These can include fines, excluding certain defenses, or instructing a jury that it may assume the missing evidence would have been unfavorable to the party who failed to preserve it.

How to Prove Spoliation of Evidence?

To prove spoliation of evidence, you generally must show more than just the fact that something is missing. Courts typically look for several key elements:

 

  1. A Duty to Preserve – The other party had a legal duty to preserve the evidence. This duty usually arises when litigation is pending or reasonably anticipated. For example, after a serious workplace accident or crash, a company should know a claim is likely and must preserve relevant records and materials.
  2. Control Over the Evidence – The evidence was in the possession or control of the party accused of spoliation.
  3. Destruction or Failure to Preserve – The evidence was destroyed, altered, lost, or not preserved.
  4. Relevance and Prejudice – The missing evidence was relevant to the claim, and its loss harmed your ability to prove your case.

 

In many cases, attorneys send a spoliation letter (also called a preservation letter) early in a claim. This formally notifies the other party of their obligation to preserve specific evidence. If they fail to do so after receiving notice, courts are more likely to impose sanctions. Proving spoliation often requires showing timelines, internal policies, witness testimony, and documentation demonstrating that the evidence should have been kept but was not.

Contact A Personal Injury Lawyer Near You

Courts may impose sanctions, allow negative inferences, or restrict defenses when evidence is improperly destroyed. But these protections only apply if your attorney acts quickly and knows how to preserve your rights. If you are facing delays or denials with your personal injury claim related to lost or missing evidence don’t hesitate to reach out to our law office.

 

The Lovely Law Firm will move fast to secure evidence, issue preservation letters, and hold parties accountable when evidence is lost. Delay can cost you leverage, and compensation. Contact our office today for a free case evaluation with an experienced South Carolina personal injury attorney.

Every case is different. Results vary.