Spoliation Of Evidence – Legal Advice

The law looks at evidence as the determining factor in cases. If there’s no evidence, chances are, there is no case. Defendants in personal injury cases know this, and they have been known to destroy, tamper with or hide evidence which paints them in a bad light.

The Tom Brady case is a good example of spoliation of evidence. When asked about the more than 1000 texts he sent via his phone and why this phone went missing, he claimed that he usually disposes his phones routinely. This was allegedly done to get rid of ‘Deflategate’ which could have effectively ended his career had those texts been found.

Different states have different laws when it comes to spoliation of evidence. That being said, there are basic tenets that usually apply across the board.

In order for spoliation of evidence claim to be heard by the court, counsel must prove:

  1. That there must have been an act of destruction
  2. The evidence is discoverable
  3. There was an intent to destroy evidence
  4. The act of spoliation happened after filing suit, or, if before, at a time when filing was imminent.

The stakes in any Indiana personal injury case are high. Companies stand to lose millions of dollars, and insurance companies are not interested in making large payouts which effectively eats into their profits. They thus will do almost anything to make sure that your case never sees the light of day.

Luckily, the law is on your side should you suspect that vital evidence has been tampered with.

Here is what you should do:

  • Get in touch with us so we can write up an official letter and send it to the defendants warning them of dire consequences should they consider tampering with evidence.
  • With our help, we’ll lay it out clearly what may come next should they ignore our letter. They can have criminal charges brought up against them, made to pay punitive and compensatory damages, or part with heavy penalties.

You Still Have a Chance for Justice

Remember, just because evidence has been tampered with doesn’t mean you don’t have a case. If you get in touch with us in a timely manner and have us send the defendants this letter within a short time window,  you may be able to win your case regardless of whether or not evidence exists.

Please call us today on 877-561-3004 to speak to Michael McCready, Indiana’s top personal injury attorney.

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