At Injury Enterprise LLC, we often step into complex cases that require careful attention to detail, especially when the original case manager or attorney has left the firm. One such case recently came across my desk, and it revealed the importance of due diligence in personal injury cases, particularly regarding spoliation letters.

The Initial Case: A Missed Detail

The file I took over had been handled by a previous case manager who had sent a standard letter of representation requesting policy limits from the defendant’s insurance company. According to the police report, the named driver was listed as both the driver and the owner of the vehicle involved in the accident. However, when the insurance company delivered the declaration page, a critical detail had been missed by both the attorney and the previous case manager: a company was the insured party, not the driver.

This oversight was significant. The letter of representation had been addressed solely to the insurance company regarding the individual, while no inquiry had been made regarding the company’s involvement in the ownership or its insurance coverage. Even more importantly, no spoliation letter had been sent to the company, which could have preserved critical evidence and forced disclosure of all policy limits relevant to the case.

What Is a Spoliation Letter and Why Is It Important?

A spoliation letter is a formal request sent to a party in possession of evidence, requiring them to preserve that evidence for the duration of a potential or ongoing lawsuit. In personal injury cases, especially those involving companies or large entities, evidence like driver logs, vehicle maintenance records, onboard computer data, and insurance coverage details could be crucial in establishing liability and determining the scope of available compensation.

In this particular case, had a spoliation letter been sent to the company, it would have:

• Triggered an obligation for the company to preserve any and all relevant evidence, such as vehicle maintenance records, GPS logs, and employee records.
• Required the company to disclose additional insurance policies or limits that may apply, ensuring full transparency about available compensation.
• Prevented the destruction or alteration of crucial evidence that could later support the injured party’s claim.

Without a spoliation letter, there’s a real risk that key evidence could be lost, making it much harder to secure full compensation for the client.

The Risks of Missing a Spoliation Letter in Litigation

If this case were to go to litigation and the litigating attorney discovered that no spoliation letter had been sent, the case could face several complications:

• The company might argue that certain records were not preserved because they had no obligation to do so, significantly limiting the evidence available to support the client’s claim.
• The defense could claim that any missing evidence was destroyed in the normal course of business, further weakening the client’s case.
• The failure to request disclosure of additional policy limits could prevent the client from accessing higher coverage amounts that might have been available had the spoliation letter been sent.

In Georgia, failing to issue a timely spoliation letter can result in missing out on critical evidence that may no longer be available by the time the case reaches trial. Courts may issue sanctions if spoliation is proven, but the burden lies on the plaintiff’s attorney to demonstrate that evidence was intentionally destroyed.

Conclusion: The Importance of Spoliation Letters in Personal Injury Cases

At Injury Enterprise LLC, we understand the pivotal role that spoliation letters play in personal injury litigation. They not only ensure that key evidence is preserved but also help maximize the potential compensation by uncovering all applicable insurance policies and limits. This case serves as a reminder of the value of meticulous legal representation and the dangers of missing important details like the insured party on a policy.

For clients in Georgia, ensuring that your attorney understands the importance of preserving evidence and holding companies accountable is critical to the success of your case. If you’re facing an injury and need a dedicated team to fight for your rights, Injury Enterprise LLC is here to provide the thorough, expert representation you deserve.