In a personal injury case, evidence can make or break your claim. Video footage, photographs, maintenance logs, vehicle data, or medical records can help establish what happened, who was at fault, and the extent of the harm suffered. But what happens when someone destroys or loses that evidence—intentionally or otherwise? That’s where a spoliation letter comes in.

A spoliation letter, also known as a preservation letter, is a formal written notice sent by an attorney requesting that the recipient preserve certain evidence relevant to a legal claim. It puts the other party on notice that a legal matter is pending or anticipated, and that destroying or altering evidence could result in legal consequences.

Learn more about what a spoliation letter is, how it works in the context of personal injury law, and why it plays a vital role in protecting your right to pursue compensation in the article below. We’ll also touch on relevant laws and court expectations in states like New Jersey, New York, and Massachusetts.

Why Is a Spoliation Letter Important?

Once someone is aware of a potential legal claim, they have a duty to preserve any evidence that may be relevant to that claim. If they fail to do so, and important evidence goes missing, the court may impose penalties, including sanctions or even an adverse inference against the party who destroyed the evidence.

Sending a spoliation letter early in a personal injury case:

• Helps secure key evidence before it’s lost or deleted
• Establishes a clear record that preservation was requested
• Strengthens your legal position if the opposing party mishandles or destroys evidence

In cases involving businesses, insurance companies, or government agencies, spoliation letters are especially important because these entities may have control over surveillance footage, vehicle telematics, or safety reports.

When Should You Send a Spoliation Letter?

Ideally, a spoliation letter should be sent as soon as possible after an accident or injury occurs. When there’s time-sensitive evidence—like security footage or skid mark measurements—it could be deleted or altered within days or weeks.

Common scenarios where spoliation letters are used include:

• Car accidents (to preserve dash cam or black box data)
• Slip and fall accidents (to preserve maintenance logs or surveillance video)
• Trucking collisions (to retain electronic logging device data)
• Workplace injuries (to maintain safety reports or equipment records)
• Product liability claims (to keep the defective item intact)

What Does a Spoliation Letter Include?

A well-drafted spoliation letter is specific, clear, and direct. It generally includes:

• The name of the injured party
• A description of the incident or accident
• A detailed list of the types of evidence to be preserved
• A statement of the legal duty to preserve evidence
• Notification that legal action is pending or being considered
• A request for written confirmation of compliance

Attorneys may also cite relevant case law or statutes in the letter to reinforce the seriousness of the preservation request.

What Happens if the Letter Is Ignored?

If the opposing party ignores a spoliation letter and allows evidence to be destroyed, there can be legal consequences. Courts take the preservation of evidence seriously, especially if there is clear proof that the party had notice and failed to act.

Potential outcomes include:

• Sanctions: The court may penalize the party by limiting their defense or awarding attorney’s fees.
• Adverse inference: A judge may instruct the jury that missing evidence was likely unfavorable to the party who destroyed it.
• Striking pleadings or default judgment: In severe cases, a court may enter judgment against the offending party.

However, to pursue these remedies, the requesting party must usually show that the evidence was intentionally destroyed after the duty to preserve was triggered.

How Spoliation Is Handled in Court

Different states approach spoliation with slightly different legal standards. For example:

• New Jersey: Courts have discretion to impose sanctions under the spoliation doctrine, and adverse inferences are permitted when there's evidence of willful destruction.
• New York: The party alleging spoliation must prove that the evidence was intentionally destroyed and that it was relevant to the case.
• Massachusetts: Courts may sanction a party if there’s a showing of negligent or intentional destruction of relevant evidence after litigation was foreseeable.

These differences make it essential to have an attorney who understands how spoliation is treated in your jurisdiction.

Call Brandon J. Broderick For Legal Help

In a personal injury case, evidence is everything—and once it’s gone, it’s gone. At Brandon J. Broderick, Attorney at Law, we act quickly to protect your rights by sending spoliation letters early and following up to ensure compliance.

Whether your case involves a car accident, workplace injury, or public property incident, our team understands how to preserve critical evidence and hold the responsible parties accountable. Call us today to schedule a free consultation.