Evidence spoliation is a criminal offense that occurs when any type of deliberate, negligent, or accidental destruction of evidence occurs by one side of a case. Some examples of evidence spoliation include one party intentionally destroying evidence, losing evidence, or failing to maintain evidence that they should have.
A Duluth personal injury lawyer can preserve and protect critical evidence by sending demand letters, contacting the relevant parties to collect and preserve data, and requesting a suspension of routine deletion practices.
Understanding Evidence Spoliation
In a civil case, such as a personal injury case, both parties should share all evidence available about the incident and losses. In evidence spoliation, one side of the process deliberately, negligently, or accidentally destroys the evidence that is, in some way, relevant to the case. There are several key facts to know about spoliation.
- Even if one side of the civil litigation process accidentally destroys evidence, it remains a criminal act. Intentional acts or not, evidence like this must be protected.
- If the evidence that should be available is not, it may shade the ability of the court to determine what appropriate action should be taken after that accident.
- It is common for those who face claims of evidence spoliation to face consequences for their actions.
The impact on your case for evidence spoliation depends on whether you are accused of destroying evidence or the other party is. By working with an attorney, you will learn what your rights are in either situation, as well as what steps can be taken to mitigate those risks. In all cases, if you have evidence related to your case, absolutely work with your attorney to preserve it.
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Examples of Evidence Spoliation
Numerous acts could fall under the belief of spoliation of evidence. It could involve any actions related to altering, destroying, or losing evidence that plays a role in a legal case. Some examples of evidence spoliation include:
- Not preserving evidence: Not protecting evidence from loss is considered spoliation. If a manufacturer of a product does not preserve valuable evidence in a case-specific to a lawsuit they are facing, this could serve as a criminal act.
- Documents are destroyed: Documents damaged to a point where they cannot be useful are one example and may apply to any type of destruction. If a company owner destroys documentation of personal communications that demonstrate liability or negligence because they do not want anyone to see them, that is an indication.
- Damaging evidence during product testing: In some situations, a company may take steps to damage evidence as a way to make it unusable or inaccurate. For example, if a healthcare center destroys medical reports or lab results during testing, that could fall under this scope.
- Losing evidence: Evidence that could be used must be secured. In some situations, evidence may suddenly become unavailable or inaccessible for some reason, or simply it becomes lost. For example, a police officer who loses documentation or evidence of a crime may violate this law.
In every situation, these types of violations can directly or indirectly impact the outcome of a case. If you believe that this occurred in your case, take legal action immediately to inform your Duluth car accident lawyer or contact the court as appropriate. Though this is a serious accusation, it may be critical in protecting your right to compensation.
Example of Spoliation of Evidence in a Medical Malpractice Case
One of the most common concerns related to the spoliation of evidence occurs in medical malpractice cases, where critical evidence may, in some way, become unavailable that could clearly hold the other party accountable. Your medical malpractice attorneys will work to minimize this risk by acting quickly to preserve evidence. Some examples of when this may occur include:
- A trucking company destroying the black box data on the tractor-trailer by making premature repairs and putting the truck back in circulation
- Misplacing records on purpose when moving from one department to another
- Documentations or medical details are put into the wrong patient’s file
- Lab results, such as biopsy results, become damaged when those results are sent to a third party for testing
- The hospital employees throw out samples or other documentation, not knowing of the risk
- Fetal monitoring strips are not saved that could be used against a doctor for not providing help soon enough for a baby that is in distress
Medical malpractice is just one sector of personal injury law, and these types of claims can apply to any sector. If you believe that there is evidence missing or someone “should have’ had a record of some element of your case and they do not talk to your legal team about your options. Your attorney can investigate these claims to determine if there is evidence of malicious intent or a violation of the law otherwise.
Accident vs. Intentional Evidence Loss
One of the factors that will play a role in what occurs in such cases is the determination of why the evidence is missing or no longer accessible.
If the court believes that the at-fault party or other party intentionally, recklessly, or purposefully destroyed the evidence as a direct way to reduce risk to their case, then the punishments could be more severe. Sanctions on the case are less severe in situations of simple negligence, such as a nurse tossing out test strips.
How to Determine What Applies in Your Case
When you meet with your attorney, you will learn more about the types of evidence that may be available to prove your case is negligence, such as video and photos, testing and records, or documentation of errors that companies or individuals should have.
Your lawyer will then work closely with the at-fault party to find these records so they can be shared to clarify risk and loss. In situations where spoliation of evidence occurs, a thorough investigation will determine why it happened and what the outcome could be.
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Contact an Attorney to Know Your Rights
In every situation where you believe the evidence should exist but it does not, alert your personal injury attorney to discuss the legal rights you have. In situations where you believe that a doctor, business, or other party may not provide evidence in your case, know that your attorney can force them to do so in some situations.
Seek out a free consultation to learn more, and contact Slam Dunk Attorney now to learn more about how we can help you when it comes to spoliation of evidence.
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