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The Importance of a Preservation Letter in Personal Injury Cases

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”

 

Being involved in an accident, or injured in any way, can be devastating and hard to deal with. You might suddenly be left with medical bills and no way to pay them, the loss of a job because you cannot perform the same functions, or even just the difficult task of recovering from an injury. When an injury is caused by the negligence of another, you might be entitled to recovery through a personal injury suit in North Carolina. A personal injury suit holds the responsible party civilly liable for your injuries and often requires them to pay you damages for the injury. This might seem like an easy and straightforward process, but it can be complicated and must be done correctly in order to receive a favorable judgment.

 

Letter-writing-Charlotte-Mooresville-Monroe-Personal-Injury-Law-Firm-300x225One of the biggest issues in personal injury cases is proving that there is injury to the plaintiff. After being injured, most people seek medical attention immediately or shortly after the injury. This is an important step because it becomes the crux of a personal injury case. There can be no damages awarded if there is no injury. While injured people seek medical attention, preserving the evidence of injury with a preservation letter after seeing the doctor is just as important as receiving medical attention. Since it can take months, or sometimes even years, to reach a settlement or award, preserving evidence is essential.

 

A preservation letter is a “written directive advising custodians of certain documents and electronically-stored information.” This type of letter is often sent to defendants who might hold key pieces of evidence for the trial. Examples include video of an incident, photographs, or even witness statements. The letter cannot be unreasonable, however. A letter can be used to ask a defendant to preserve evidence in anticipation of litigation.

 

Once a defendant receives a preservation letter, the defendant is not supposed to destroy or alter any of the evidence that is being requested to be preserved. In the event that a defendant alters the evidence, or destroys it, a special instruction can be read to the jury deciding the case. The instruction is a statement to the jury that the defendant was in possession or control of a key piece of evidence, but destroyed it. The jury will then presumably think that the evidence was harmful to the defendant’s case. Of course, it is essential for the plaintiff to keep a copy of the letter for his or her records and have evidence that it was delivered to the defendant. This can be achieved by sending the letter through certified mail.

 

If you have been injured in any way and are considering pursuing a personal injury suit, it is imperative that you contact an attorney as soon as possible. In the event that there is evidence that needs to be preserved, an attorney can make sure that the letter is correctly drafted and delivered to the defendant. The personal injury attorneys at Arnold & Smith, PLLC are here to help you through every step of the personal injury case. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe. Contact us, for a free consultation, call us at 704-370-2828 or click here for additional resources.

 

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The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.

 

Source:

https://codes.findlaw.com/nc/chapter-1-civil-procedure/nc-gen-st-sect-1-52.html

https://www.ned.uscourts.gov/internetDocs/cle/2010-07/LitigationHoldTopTen.pdf

 

 

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See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

See Our Related Blog Posts:

Three Surprising Factors that can Affect a Personal Injury Award

The Tax Ramifications Associated with Personal Injury