How Preservation Letters Are Used in Personal Injury Law?
Preservation letters are essential to all types of personal injury cases. Safeguarding evidence to ensure a proper investigation can be completed is one of the best ways to help victims support their case. For example, a personal injury attorney may draft a preservation letter to secure evidence in a slip and fall case, asking the owner of an establishment to pause or postpone repairs to a staircase where the injury occurred. In addition, this letter may include a demand to avoid destroying or doctoring maintenance logs, surveillance footage, and incident reports that are related to the area where the injury occurred and the circumstances surrounding the injury.
Famous Cases Preservation Letters Should Have Been Used
Zubulake V. UBS Warburg
In this 2003 sexual discrimination case, Laura Zubulake alleged sexual discrimination, retaliation, and failure to promote from her employer, defendant UBS. In the beginning stages of the trial, the plaintiff produced over 450 pages printed electronic exchanges during her time working with UBS. However, the defendant only produced 350 pages of documents, only 100 of these were printed electronic exchanges (emails).
The plaintiff requested that the defendant produce the additional documents, backup tapes and archived media. Though the defendant argued about the burden and expense of this request, courts ordered that the defendant would need to produce these documents to the court at their own expense.
As the defendant was collecting these documents, it was discovered that come of the evidence was no longer available.
Although no preservation letter was sent to the defendant, “The court found that the defendant had a duty to preserve evidence since it should have known that it would be relevant for future litigation.” And that “the defendant deliberately acted in destroying relevant information…”
When is a Preservation Letter Used in the Legal Process?
In most cases, preservation letters should be sent out as soon as possible. Every minute that goes by could attribute to the destruction of evidence, and when a preservation letter is sent out, you have legal documentation that you have asked to postpone changes or destruction of evidence. In some cases, defendants might not know that an item would be considered evidence, and a thorough preservation letter can stop the defendant from making any changes to items that need to be investigated.
Are Preservation Letters Used in Kentucky Personal Injury Law?
Yes! Preservation letters are often used in Kentucky personal injury law, especially by Kentucky slip and fall attorneys, medical malpractice lawyers, and nursing home abuse and neglect attorneys.
Are Preservation Letters Used in Tennessee Personal Injury Law?
Yes! Tennessee personal injury lawyers will often use preservation letters in cases they wish to investigate further, including premises liability cases and dog bite cases.
How Does Hughes & Coleman Injury Lawyers Use Preservation Letters?
The attorneys at Hughes & Coleman use preservation letters often to help ensure our investigative team can collect all evidence pertinent to their cases. We often send them out as soon as possible, especially in cases like slip and fall cases and traumatic brain injury cases. We know preservation of evidence is key in ensuring our clients get the compensation they deserve, and preservation letters help us document the evidentiary items we will need to prove their cases.
