It is important with all legal cases, to document and preserve evidence. Gathering and preserving evidence is one of the main reasons to retain a lawyer asap. As an attorney for accident victims, I want to observe, document and analyze the evidence in its original form and not have it destroyed. If there is video of the incident, it is crucial for experts to analyze the evidence, in order to validate the D was negligent etc.
However, for those of you who initially try to handle the case yourself, you TOO, must protect and preserve the evidence. At some point you will want to retain a lawyer to put the pieces together. Though it is advisable to get a lawyer on your side asap, this is a letter you may want to use to preserve the evidence.
This letter serves as notice that X has an affirmative obligation to appropriately preserve and retain without modification the condition of the premises where our Client was injured. Any destruction, remediation, or modification of the subject premises without first allowing us an opportunity to conduct a scene inspection would be a breach of this obligation. Notwithstanding this obligation, we understand you may wish to take precautions to remedy and/or repair the dangerous condition(s) on your premises to prevent injuries to other persons. If this is the case, please let us know immediately so that we may first have the opportunity to conduct a full inspection of the premises in its current condition.
Please allow this to serve as notice that X and/or its agents, has an affirmative obligation to preserve and retain without modification appropriately, the evidence in this case, including, but not limited to, any original, or copy, of the video surveillance, camera footage, photographs, audio recordings, incident reports, documents, maintenance and/or repair records, or Electronically Stored Information (ESI) that X maintained, and/or its agents, or captured by its cameras and video surveillance equipment utilized by X, and/or its agents, within the 24 hours preceding and following the above incident. This means said items must not be deleted, discarded, destroyed, or modified.
Furthermore, we hereby request copies of any video surveillance, camera footage, photographs, audio recordings, incident reports, documents, maintenance and/or repair records, electronically stored information (ESI), and/or other materials relevant to this incident maintained by X, and/or its agents, within the 24 hours preceding and following the Incident. This letter also serves as notice that you have an affirmative obligation to appropriately preserve and retain any documents or information that may be relevant to the above-referenced Incident. This includes computers and other devices in your possession and/or under the control of your employees, personnel, independent contractors, and/or agents. If the items covered above are not in your possession or control, please notify the current custodian(s) of the above-referenced items of their duty to preserve this information.
Appropriate preservation and retention of electronic information requires that the Information should be stored in the state and format in which it currently exists. Copying or other manipulation could modify relevant information, potentially resulting in evidence spoliation. If maintaining the above-requested information in its current state will automatically cause it to be destroyed or manipulated within three (3) months from the date of this letter, please notify our office immediately so that we can arrange to review this material before it is transferred to a more suitable and consistent medium.
For computers and other devices (including portable and home systems), you need to act to prevent modification, destruction, or concealment of electronically stored information (“ESI”) due to delete files, overwrite files, use data shredding, ensure applications, defragment, reimaging, encrypt, compress, or cause physical damage.
Please suspend any policies or protocols that may lead to any destruction of video surveillance footage, photographs, incident reports, documents, audio recordings, maintenance and/or repair records, or corresponding ESI. Please notify any employees, personnel, independent contractors, and/or agents in possession of discoverable material that disregarding these obligations may be considered an intentional act to spoil relevant evidence and may result in full redress under the law.
In addition, please send us a letter that contains the following information:
(a) Name(s), address(es), and telephone number(s) of your insured(s);
(b) Names, addresses, and telephone numbers of any other interested parties;
(c) TYPE OF INSURANCE COVERAGE AND POLICY LIMITS;
(d) Incident reports, verbal or written statements, any/all photographs taken of the scene and/or our Client, any/all video surveillance footage taken of the scene, our Client, and/or the Incident;
(e) The names, addresses, and telephone numbers of any witness(es);
(f) If applicable, excess insurance coverage and the medical payment benefits for this occurrence.
We will forward our demand to you as soon as possible. Thank you in advance for your anticipated courtesy and cooperation.
