In the legal world, the collection and preservation of evidence are critical and crucial. Cases can be won or lost based solely on evidence. Evidence also varies with different types of cases. Criminal cases have crime scene evidence, emergency calls, videotapes, and possibly weapons. Paternity cases may be DNA collection and fraud cases may involve recorded messages or computer evidence.
Civil cases certainly require case-specific evidence that must be preserved. From the moment a party anticipates litigation may be initiated, they must preserve or protect the evidence. This means the evidence cannot be destroyed, altered, changed, deleted, erased or modified from its original form. For a car accident case, this may mean the vehicle itself needs to be preserved. This typically comes into play if there is a product liability issue with the car, such as a defect or a mechanical failure. It may also be beneficial to help experts understand how the facts of the accident occurred.
Gathering Evidence in Injury Cases
For a medical malpractice case, the evidence may be the fetal monitor strip printout, the knee replacement product, or the medical records themselves. In slip and fall cases, it may be pictures of the area where the fall occurred, the shoes that were worn at the time of the accident, or a sample of the flooring. Nearly all types of cases involve electronic evidence such as computer files, emails, or searches.
The foregoing are examples of what may be classified as evidence and need to be preserved. On the contrary, spoliation of evidence is utilized in litigation when one party deliberately, accidentally, or perhaps even negligently destroys or alters evidence that is pertinent to the case. If proven, this could involve sanctions or penalties in civil cases a default judgment, or even stronger measures in criminal cases. The sanction depends on how the spoliation prejudiced, or negatively impacted the other party. In order to help prevent this, your lawyer may send spoliation letters to the other side, warning them not to destroy, alter, change or modify evidence.
In addition to preserving evidence, a proper chain of custody must be established. Chain of custody is a legal term relating to the manner and order of how evidence was handled, who collected the evidence, and how the evidence is stored. Notes must be taken, actions documented, the evidence must be marked and sealed, and an individual needs to show exactly how they obtained that evidence. You will also need to be able to show exactly what was produced to your experts.
In summary, the preservation of evidence is critical. Contact one of our legal professionals today to discuss any evidence questions or concerns you may have in regard to your case.
