spoliation taylor king law personal injury evidence arkansas
When you file an insurance claim or personal injury following a car wreck, the insurance company will demand one thing: evidence.
 
Physical evidence is the single most important aspect of building a personal injury case. Any experienced attorney will tell you that without trustworthy, tangible evidence to back up your claim, you’ll be hard-pressed to win a case against the at-fault driver or receive compensation from your insurance company.
 
What is physical evidence? Consider these examples: 
• Photographs from the accident
• Statements from witnesses at the scene
• Medical records and doctors’ reports
• Police reports
• Public records, including driving records
• Your own account of the accident
 
Sometimes after an accident, physical evidence may be lost or destroyed. This is called spoliation of evidence, and it’s a very serious matter.
 
Spoliation may be accidental, but there are times when a dishonest at-fault driver or company will intentionally destroy evidence. For example, if you are involved in a collision with a tractor-trailer or big rig, physical evidence would include the black box recordings and the truck itself. If the trucking company disposed of the truck’s black box or tampered with the truck after the accident, this would be considered spoliation.
 
Once evidence is destroyed, it may be impossible to replace – and may seriously damage the strength of your personal injury claim. That’s why it’s important to send what’s known as a “spoliation of evidence letter” or “letter to preserve evidence” as soon as possible after the accident. 
 
A spoliation letter is a document informing the at-fault party that there is a dispute or claim being filed, and that all evidence must be preserved. The notified party is then legally obligated to keep evidence safe. If the party disregards the letter and destroys or tampers with evidence, they will be held legally responsible.
 
When you hire a personal injury lawyer to handle your case, sending a spoliation letter will be one of the first things that he or she does. A spoliation letter will likely carry more weight with the other driver when it’s signed by an experienced attorney. This is another instance where you’ll benefit from having a lawyer on your side. Because physical evidence varies with each case, your attorney will know where to look for valuable evidence and will ensure that the other driver or insurance company is held responsible if they tamper with that evidence.
 
Have you been injured or victimized by a car or big-truck accident in Arkansas? It’s important to contact a local attorney as soon as possible in order to preserve all possible evidence. The attorneys at Taylor King Law are ready to be On Your Side, By Your Side throughout your personal injury claim. We’ll handle the entire process, including sending a spoliation letter to the at-fault party, so that you can get the settlement you deserve and get back to your life.
 
Call today at 1-800-CAR-WRECK (227-9732), visit us at www.taylorkinglaw.com, or download our free app to begin your FREE consultation! You’re one call or click away from getting help today.