A spoliation letter helps keep evidence from being lost or destroyed. It makes obtaining evidence for a case much easier by putting the evidence holder on notice. The letter is given to the involved parties and ensures that they must do their due diligence to keep key evidence from being destroyed, tampered with, or misplaced.
The most important part of any personal injury, workplace injury, or trucking accident case is to gather meaningful evidence to be used in court. This vital step will ensure that proper information and facts pertaining to the accident can be preserved and prepared to fight for justice.
A Spoliation Letter is All About Preserving Physical Evidence
In the video above, Chris Hammons, Founding Partner at Laird Hammons Laird, explains the benefits of acquiring a spoliation of evidence letter. “As soon as we sign up with the client, we’re finding out the contact information for the trucking company,” he said. This is important, because, according to Chris, “the spoliation letter puts the trucking company on notice that there is a dispute, and it tells them [that they] need to preserve all evidence in this case.”
In a trucking accident case, evidence includes any black box download that they might have had and keeping the truck available for inspection. If the truck is preserved, the law firm is able to inspect the brakes, the inside of the vehicle, and the mechanical parts of the vehicle that might not have been taken care of by the truck company.
This also allows the law firm to inspect the trailer, which is a very important aspect of the process, as sometimes the brakes are not working properly and that trailer could lead to other sources of liability. Other companies could be involved, such as the trailer manufacturer, and you need to know this information to ensure the correct cause of the accident can be identified.
These are just a few reasons why it’s crucial to get a spoliation of evidence letter out. In any injury case, there will be plenty of valuable potential evidence to uncover. It’s key to get ahead of the situation so that all that evidence is kept from being destroyed or misplaced. If you’ve done the diligence of sending a spoliation of evidence letter, the notified parties will have a legal obligation to keep that evidence safe from destruction down the road when litigation occurs.
Preserving evidence can have a huge impact in your case, with legal rulings that will go in your favor if done properly. Those same situations might not favor you if the spoliation letter never gets sent.
If you’ve been involved in a commercial, trucking, or other personal injury accident, you’re not alone. If you want to make sure no evidence is lost that could affect the outcome of your case, contact Laird Hammons Laird. We’ll get back with you as soon as possible, and fight for the justice you deserve following this tragic event.