Preservation of Evidence Letter

Preserving evidence related to pending litigation can help establish the at-fault party and enable the discovery process.

You must act quickly to preserve evidence before an opposing party can delete or destroy critical information. The sooner you begin the legal process, the better your chance of proving liability.

A law firm can make a formal demand that evidence relevant to your case is kept safe, called a preservation of evidence letter or legal hold notice.

What is a Preservation of Evidence Letter?

A preservation of evidence letter is a legal request for other parties to preserve evidence that may be important to a legal matter.

By notifying the parties that they must hold onto certain information, your legal representative can prevent accidental or intentional destruction of important evidence relating to the case, such as deleting photos of an accident scene.

The evidence preservation request can include written communication, digital evidence, business records, physical evidence like a tractor-trailer damaged in an accident, or other tangible evidence like clothing.

The letter will list preservation requirements and outline the consequences if the offending party fails to adhere to the request.

Key Elements of a Preservation of Evidence Letter

As with other elements of a lawsuit, an evidence letter must be thorough and comprehensive, covering everything necessary to protect the case’s integrity and complying with certain legal standards.

An evidence preservation letter will contain a clear request to a specific party, including why the material is necessary, what is included, and their legal duty to comply.

Identification of the Parties Involved

Preservation letters will identify the sender, recipient, and relevant third parties, such as the insurance company responsible for the claim.

Recipients may include the potential defendant, the insurance provider, and particular individuals who may hold relevant evidence. For example, an eyewitness with photos of the injured party or a business with surveillance footage of the accident may be sent a preservation demand.

The letter may be sent by certified mail with a return receipt requested, proving the preservation notice was received. Your attorney will keep a copy of all evidence preservation letters in the case file to demonstrate that they were sent at a given time. This record-keeping preempts any argument that the recipient was unaware of their duty to preserve evidence.

Detailed Description of the Incident

Preservation of evidence letters will provide a concise account of the incident, including the date, time, location, and all parties involved.

Explaining the incident not only helps to demonstrate why the evidence is important, but it also gives the recipient an understanding of what they need to keep, such as text messages from a particular person from a specific date.

Specific Types of Evidence to be Preserved

The notice must ask the recipient to preserve specific types of evidence that a reasonable person would consider relevant to the investigation. The request should be as precise as possible, including the dates and times of the requested information, and not include excessive requests.

For example, it would be appropriate to ask an eyewitness to preserve all photos from the day of the accident. Still, it would not be acceptable to inform them that they cannot delete anything from their phone, even irrelevant messages from unrelated parties.

Potential evidence that can be requested include:

• Electronically stored information, such as the black box from a truck accident
• Surveillance footage, photos, and videos
• Text messages and emails
• Police accident reports
• Vehicle maintenance records
• Repair logs
• Medical records
• Witness statements
• Communications between the plaintiff and defendant
• Employee evaluations or manuals

In addition to preserving digital evidence, a litigation hold may request that recipients take reasonable steps to avoid the destruction of physical evidence, which can include:

• Vehicles, including bikes and trucks
• Vehicle accessories
• Debris from the accident
• Tires
• Clothing
• Personal belongings, like purses

Police departments and labs may receive a sample preservation letter, such as if they took a blood alcohol test at the accident scene. Likewise, expert witnesses could be asked to protect all communications related to the case.

Request for Retention and Safekeeping

After outlining the specific evidence requested, the preservation letter will request that the recipient take affirmative steps to safeguard the relevant information. The notice should also explain who is responsible for protecting the evidence and how they should do so.

They will be informed that they should not alter, dispose of, or destroy evidence before a certain period, such as when the civil action concludes.

This request can be especially important for electronically stored information, like surveillance footage of a business. Companies may regularly record CCTV footage to save space. The evidence letter will explain that they must keep this aside until the case is concluded.

Legal Basis for the Request

The attorney must explain the legal basis for the preservation letter, citing relevant laws in the jurisdiction.

In some instances, they may also explain industry-specific regulations regarding the preservation of evidence in a court case, including whether it is acceptable to redact information for patient privacy. The letter must be as specific as possible and tailored to the requested evidence.

Consequences of Non-Compliance

Lastly, the notice will outline the consequences of a failure to preserve relevant evidence.

If the party’s negligence was deemed not an accident, they may be subject to discovery sanctions, like intentional spoliation sanctions, meaning they obstructed the course of justice.

For a defendant, failing to respond to a request could result in a default judgment, which allows the court to rule against them for inaction.

When one party neglects to preserve evidence, they may face adverse inference instructions. This principle means that the court instructs the jury to assume that the missing information would harm the other party and consider it accordingly.

When to Send an Evidence Preservation Letter

As evidence can easily be lost or destroyed, victims must act quickly to give themselves the best chance of success in litigation. Victims should contact a lawyer as soon as possible, as this allows a law firm time to request that relevant parties preserve evidence.

Immediately After an Accident

After you have reported an accident and gone to the hospital for an assessment, your next call should be to a law firm that can begin the process of preserving evidence for a potential legal case or insurance claim.

An evidence preservation letter can be a key element of the initial investigation. The responsible party may not be aware of what they must hold onto, or they may seek to destroy evidence. Sending this letter on time helps to prevent the loss or destruction of key information as we begin our initial research for liability.

Anticipating Litigation

Evidence preservation letters can be sent before a lawsuit is filed, particularly if there is concern about a potential dispute or that relevant evidence may be lost. These letters allow our legal team to demand the preservation of evidence that may be important in litigation.

How a Personal Injury Lawyer Can Help

In addition to negotiating with third parties and assisting you in navigating the complexities of the legal system, attorneys ensure that you have a strong case by moving to preserve evidence.

Information that may not seem important to the average person may be crucial to proving liability, which is why an experienced attorney should be involved in drafting evidence letters.

Our law firm works on a contingency fee basis, so you pay nothing out of pocket for our services. This arrangement includes investigating the case, writing preservation letters, communicating with third parties on your behalf, and representing you in court if necessary. We deduct our legal fees from your settlement.

Drafting and Sending the Preservation Letter

The civil procedure related to preserving proof in a lawsuit can be complex. Evidence letters must be legally sound and specific, carefully detailing all the information that must be retained and how. These notices must also cite the law so that the at-fault party cannot claim they were unaware of what they needed to do.

Additionally, the lawyer must know what the individual is likely to possess and what will be relevant to the lawsuit rather than simply guessing. This knowledge requires experience in previous litigation and considering what will best prove liability.

An attorney is familiar with all the elements that make up a sound and effective evidence letter, ensuring that nothing is missed in the inventory and everything is according to appropriate procedures.

Ensuring Compliance and Follow-up

Attorneys can ensure compliance by following up regularly with the recipients, answering any questions they may have, and reminding them of their legal obligations. A law firm helps to coordinate between all the parties involved so that you can instead focus on recovery.

If any party refuses to cooperate, the attorney can take legal action against them, including court sanctions for failing to preserve evidence.

Reach Out to Rosenfeld Injury Lawyers for Legal Assistance

Navigating the legal system is challenging, particularly if you have been in an accident and are still recuperating. A lawsuit has various facets that must be considered, including how to protect evidence that may prove liability and bolster your case.

Rosenfeld Injury Lawyers is a leading personal injury law firm, helping thousands of clients nationwide receive compensation. We have recovered millions in damages for our clients and work on a contingency fee basis, meaning that you owe us nothing unless we win your case.To discuss your legal rights and learn how we can assist you,

call (888) 424-5757 or fill out our contact form for a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.