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Spoliation is the intentional destruction or concealment of evidence related to a personal injury claim. It can be difficult for plaintiffs to prove spoliation, but if you do have proof, it could result in a dismissal or reduction in damages awarded by the court.


Return to the Scene

If you were involved in an accident, then you should return to that location and review the damage. If there are witnesses at the scene, they can help you identify any physical evidence related to your case.

Protect Physical Evidence

Protecting physical evidence is an important part of your personal injury claim. It’s one of the most common reasons people file a lawsuit, and it can help you win in court.

There are several ways to preserve evidence:

  • Keep everything separate from other items that could contaminate it (for example, if there’s blood on something else nearby).
  • Don’t touch or move items without gloves on—or at least wear latex gloves when handling them. You never know who might have touched them before you!
  • Store evidence in an airtight container until you’re ready to send it off for testing or analysis by a lab. If possible, don’t let anyone open up your box with its contents still inside. And definitely don’t allow anyone else access before sending off any physical evidence; otherwise they could tamper with whatever was inside without realizing what has happened!

Taking Good Photographs

The best way to document your claim is by taking photos of the scene. If there are any witnesses that you can get on camera, it’s also a good idea to make sure they are in front of the camera while they testify. You may want to take more than one photo from different angles so that you have a complete picture of what happened and who was involved.

If you have any damage done to your property as well as injuries sustained during an accident then also take pictures of these things along with any evidence that was left behind such as blood stains on carpeting or broken furniture pieces lying around outside your house/apartment.

Locate Witnesses

When you’re in the midst of a personal injury claim, you’ll want to make sure that evidence is preserved. It’s important to find witnesses who can provide testimony about what happened and when it happened, so they can help support your claim.

The best way to do this is by being patient, polite and clear with your questions. Be honest with them; tell them what’s going on right now at trial and give them time to think about their answers before giving them any more information or asking anything else. Your goal should be consistency—you need consistency in tone of voice as well as mannerisms (unless there’s something specific going on). And finally: remember that body language plays an important role here too!

Document Your Injuries

When documenting your injuries, it’s important to include the following:

  • The date and time of your injury.
  • The location of where you were injured.
  • Your condition at the time of the accident. This could be anything from minor pain to full-blown bleeding or broken bones in several places on your body (which would require surgery).
  • Any signs or symptoms that may show how severe this injury is and whether or not there was any other damage done as well—such as cuts on skin or bruises on muscles—and what caused them (e.g., falling down stairs).

Are there consequences for purposeful spoliation?

If you or someone who was involved in your case is convicted of spoliation, there are consequences. First and foremost, it can result in a criminal conviction. If you’re found guilty of this offense and it carries a potential prison sentence, then your attorney will likely recommend that you enter into a plea agreement with prosecutors to resolve the case as soon as possible so that he or she can work on reducing any potential penalties from the court system.

Spoliation also has civil repercussions: if one party wins an action against another party for intentional destruction of evidence (such as opening up their own files), then they may be able to file an action against that person based on their conduct during litigation (typically called “malicious prosecution”). These types of cases often hinge on whether or not there was bad faith behavior by either party—for example, if one side knowingly destroyed key evidence while knowing full well how valuable such records could become later down the line when trying to prove damages caused by negligence/faulty equipment/etcetera…

What steps can be taken to prevent spoliation?

  • Be aware of the importance of evidence.
  • Be aware of the importance of physical evidence.
  • Be aware of the importance of witnesses.
  • Know what to do with documents and other records that may help your case if you are injured in an accident, such as medical records and police reports, which can be used at trial or in settlement discussions with your insurance company.

Anti-Spoliation Letters

If you are pursuing a personal injury claim and want to preserve evidence from your case, an anti-spoliation letter is one way to do so. This type of letter is also known as a “McCarthy order,” because it can be written on standard stationery with the following information:

  • The name of each person who contributed to the investigation or recovery process.
  • A summary of what they did, including any medical treatment that was administered or medical procedures performed.
  • The specific details about how they contributed (e.g., if they collected evidence at accident scenes).
Witness Statement Affidavits
  • Make sure to write down the date, time and place of the interview.
  • Write down the name of the person you interviewed.
  • Write down their relationship to you.

The preservation of evidence is one of the most important aspects in collecting the facts in a personal injury case. Personal Injury Lawyer in Saint John says if you are involved in an accident that causes injuries or death, it is imperative that you take every step necessary to preserve any evidence that may be needed for your claim.

For more information about our legal services, contact Barapp Injury Law Corp at  (506) 799-5991.