What Happens When Key Evidence Disappears in a Pennsylvania Personal Injury Case

When evidence goes missing, it can create a number of challenges in a Pennsylvania personal injury case. Being able to prove the elements of your case can depend upon having all available evidence for use in a trial. The best possible outcome when evidence goes missing is that you could lose out on compensation. 

Anthony C. Gagliano, III, Esquire, P.C. understands how to handle situations where key evidence has disappeared in your case. While it is never ideal, there are ways to proceed when evidence has been lost. Contact our office today for a free case review. 

What is “spoliation of evidence”?

Destruction of evidence, whether intentional or negligent, is known as spoliation of evidence. The loss of this evidence could be critical to the success of your case. This could mean medical records, information about how the car accident took place, or the details of your claim for lost wages.

Why does disappearing evidence matter so much in a Pennsylvania car accident case?

An experienced Pennsylvania personal injury attorney assists clients in complicated cases. The risk of key evidence disappearing increases when the at-fault party is a trucking company. In these cases, black box data and dashboard footage may be purposefully destroyed or concealed. This places an accident victim in a frustrating and disadvantaged position. 

How is dashcam footage used in Pennsylvania car accident cases

Most commercial vehicles and an increasing number of personal vehicles utilize dashcams to document what is going on while the vehicle is in motion. Ensuring that this evidence is not destroyed and is turned over to the injured party is a task that a Pennsylvania personal injury attorney can assist you with. 

When memories fade, a dashcam provides the case with an accurate representation of what occurred in an accident. Dashcam footage must still be admitted into evidence, however. It isn’t as if you can place the dash camera onto the bench in front of a judge and leave it at that. 

Anthony C. Gagliano, III, Esquire, P.C. knows how to introduce, offer, and have admitted into evidence dashcam footage and other types of evidence in car accident cases. Reach out to our office today to speak to a legal professional skilled at serving clients in personal injury cases. 

What responsibilities does a party have to maintain evidence in a personal injury case?

The law in Pennsylvania states that once a party knows- or has reason to know- that a lawsuit is going to be filed, that party has a duty to maintain evidence which may be relevant to the outcome of the case. In order to avoid a spoliation of evidence from an opposing party, it is wise to preserve any evidence that may appear to be relevant. 

What happens to a party that is found to have acted improperly regarding evidence in a Pennsylvania personal injury case?

An order to pay the opposing party’s attorney’s fees and sanctions is a monetary penalty assessed commonly against parties who have been found to have engaged in spoliation of evidence. Additionally, a jury may be instructed to presume that the evidence that was withheld, destroyed, or lost would have been unfavorable to the party who engaged in the wrongdoing. These are steep penalties intended to seriously dissuade any party from acting improperly regarding evidence within their control. 

How does a Preservation Letter factor into a personal injury case in Pennsylvania?

When you are involved in a personal injury case, it is important to act quickly when determining which evidence may be relevant to your case. 

Suppose that you were injured in a slip and fall accident at a grocery store. Documenting what happened in the accident may be complicated, but the video surveillance footage from the store’s cameras may provide any interested party with one perspective into that day’s events. Unfortunately, it is not as if you can simply walk into the grocery store’s main office and obtain a copy of the footage. What can you do in a situation like this?

This is where a Preservation Letter can come in handy. A Preservation Letter accomplishes three things for a party to a personal injury case:

• The letter sets forth the scope of the lawsuit. This provides both parties with guidelines for what potential evidence must be maintained and preserved. 
• The how and why of the evidence being sought is explained to the party that holds the evidence. 
• Finally, the type of evidence being requested is specified. Or, if multiple types of evidence are being requested, categories will be specified. 

What if a party asks you to preserve evidence? How can you follow that order correctly?

The short answer to how best to respond to a Preservation Letter is: hire Anthony C. Gagliano, III, Esquire, P,C. Our office has been fortunate to serve many clients in complex, contentious personal injury cases. When evidence must be preserved that is held by an opposing party, we prepare Preservation Letters to advocate for the rights of our clients. 

However, as an experienced Pennsylvania personal injury attorney, our office understands how to preserve evidence, as well. Electronic data is kept safe from being deleted accidentally. We recommend to clients that they keep physical evidence clothing, shoes, etc.) in a location that is dry, clean, and would not come into contact with other materials or substances. 

In any personal injury case where we serve a client, our office is only a phone call away. If a client has a question, we pick up and provide information and guidance. Placing clients first and advocating for their interests is what Anthony C. Gagliano, III, Esquire, P.C. does in every instance. 

Contact a Pennsylvania personal injury attorney today 

When you have a question about preserving evidence, where can you turn? To Anthony C. Gagliano, III, Esquire, P.C. Don’t take any aspect of your case for granted. A free case review is yours by contacting our office today. We serve clients in a variety of personal injury circumstances. Find out more by reaching out to our office.