Understanding Spoliation of Evidence in Florida Personal Injury Cases

Introduction

In personal injury cases, evidence plays a crucial role in proving liability and securing compensation for victims. However, when key evidence is lost, destroyed, or altered—either intentionally or unintentionally—it can severely impact the outcome of a case. This is known as spoliation of evidence.

Florida law provides legal remedies for cases where spoliation occurs, ensuring that responsible parties are held accountable. This guide explains what spoliation of evidence is, how it affects personal injury claims, and what legal steps victims can take if evidence is destroyed.

What Is Spoliation of Evidence?

Spoliation of evidence occurs when a party involved in a legal case destroys, alters, loses, or fails to preserve evidence that could be critical to the case. This can happen in various ways, including:

• A business erasing security footage that captured a slip and fall accident.
• A trucking company destroying driver logs after a crash.
• An at-fault driver discarding vehicle parts that could have been examined for defects.
• A property owner repairing hazardous conditions without documenting them first.

Spoliation can occur accidentally, but when it is intentional or negligent, courts may impose penalties on the party responsible.

How Spoliation Affects Personal Injury Cases

When evidence is lost or destroyed, it can significantly impact a personal injury claim in several ways:

• Making it harder to prove who was at fault for the accident.
• Weakening the injured party’s ability to demonstrate the severity of damages.
• Allowing the defendant to argue that there is insufficient proof of negligence.
• Delaying the legal process while alternative evidence is sought.

Because evidence is essential in proving liability, courts take spoliation seriously and may impose sanctions on the responsible party.

Legal Remedies for Spoliation of Evidence in Florida

Florida law recognizes two types of spoliation claims: first-party spoliation and third-party spoliation.

First-Party Spoliation

This occurs when one of the parties involved in a lawsuit destroys evidence. In these cases, the court may:

• Issue jury instructions allowing the jury to assume the lost evidence would have been unfavorable to the party responsible for its destruction.
• Exclude certain defenses that the responsible party may have otherwise used.
• Impose monetary sanctions against the responsible party.

Third-Party Spoliation

This occurs when a person or entity that is not directly involved in the lawsuit destroys evidence. In Florida, victims may be able to file a separate legal claim against a third party that intentionally or negligently destroyed key evidence.

For example, if a company deletes security footage of an accident before it could be reviewed, the injured party may have grounds to file a spoliation lawsuit against the company.

How to Prevent Spoliation of Evidence

To ensure that critical evidence is preserved, personal injury victims should take proactive steps, including:

• Sending a preservation letter to the at-fault party, requesting that all relevant evidence be maintained.
• Taking photographs and videos at the accident scene to document conditions before they are changed.
• Obtaining copies of reports from police, medical providers, or businesses where the accident occurred.
• Requesting access to security footage from businesses or traffic cameras as soon as possible.
• Consulting an attorney early to ensure that evidence is properly preserved and collected.

By acting quickly, injury victims can reduce the risk of evidence being lost or destroyed.

What to Do If You Suspect Evidence Has Been Destroyed

If you believe that key evidence in your case has been lost or intentionally destroyed, take the following steps:

1. Inform your attorney immediately so they can take legal action.
2. Request an explanation from the party responsible for the evidence.
3. File a motion with the court to address the spoliation and seek appropriate legal remedies.
4. Gather alternative evidence, such as witness testimony, expert opinions, or other documentation, to support your case.

Spoliation does not always mean a case is lost, but it does require a strong legal response to ensure fair treatment.

How a Personal Injury Attorney Can Help

An experienced personal injury attorney can:

• Identify potential spoliation issues early in the case.
• File preservation letters and court motions to protect evidence.
• Investigate alternative sources of evidence if key materials are missing.
• Seek sanctions against parties that destroy evidence to ensure fairness in the case.

At Bonderud Law, we help injury victims build strong cases and fight back against unfair tactics, including spoliation of evidence. If you believe that crucial evidence in your case has been destroyed, contact us today for a free consultation.

Conclusion

Spoliation of evidence can seriously impact personal injury cases by making it harder to prove liability and damages. However, Florida law provides legal remedies to hold parties accountable when evidence is lost or destroyed. Taking proactive steps to preserve evidence and working with an experienced attorney can help ensure that your case remains strong.

If you are pursuing a personal injury claim and suspect that evidence has been tampered with or destroyed, seeking legal guidance can help protect your rights and maximize your chances of obtaining fair compensation.