In the days and weeks after an accident, evidence can disappear fast — video gets deleted, vehicles get repaired, or documents “go missing” 📉. If you wait too long, key proof that could win your case might be gone forever.
That’s where a spoliation letter comes in 💌.
At Burts Law, PLLC, we use spoliation letters as a critical first step to protect your personal injury claim. Here’s what you need to know 👇
🧾 What Is a Spoliation Letter?
A spoliation letter is a formal written notice sent to an individual, business, or government agency telling them:
❗ “Don’t destroy or alter any evidence related to my injury case.”
This includes:
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🚗 Vehicle damage
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📹 Security or dashcam footage
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📄 Incident reports
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📊 Maintenance logs
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🛠️ Equipment involved in the accident
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📞 911 recordings or internal communications
It puts the other party on legal notice that they must preserve this evidence — or face consequences in court 👨⚖️.
💥 When Do You Need a Spoliation Letter?
If you’ve been hurt in any of the following, a spoliation letter may be vital:
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🚘 Car, truck, or motorcycle accident
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🏢 Slip and fall at a business
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🎢 Amusement park or attraction injury
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🏗️ Workplace or construction site accident
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📦 Delivery or commercial vehicle crash
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🚨 Police misconduct or excessive force
📸 In many cases, video footage is automatically deleted after 7 to 30 days unless someone takes action.
⚖️ Why Spoliation Letters Matter
Without one, the other party might:
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“Accidentally” delete video recordings 📼
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Throw away broken equipment 🗑️
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Repair or alter defective property
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Lose key witness statements 🧾
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Claim ignorance of what happened 🤷♂️
📣 Once a spoliation letter is sent, the party must legally preserve evidence — and if they don’t, the court can:
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Penalize them
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Exclude their evidence
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Instruct the jury to assume the missing evidence would have hurt their case 😬
📬 What Does a Spoliation Letter Include?
A well-drafted letter from your attorney will:
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📅 Specify the date, time, and nature of the incident
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🧾 Identify the types of evidence that must be preserved
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🏛️ Cite applicable legal duties under SC and federal law
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🚫 Warn of consequences for destruction of evidence
At Burts Law, PLLC, we tailor each spoliation letter to your specific case — and send it immediately to preserve your rights 💪.
⏳ When Should You Send One?
As soon as possible. Time is critical ⏰.
If there’s any chance surveillance, vehicle data, or equipment inspection could help your case, don’t wait.
💡 Bonus: Sending a spoliation letter early shows the other side that you’re serious and prepared — and often leads to better settlement offers 💰.
👨⚖️ Why Trust Burts Law, PLLC?
We don’t just file claims — we strategically preserve and protect your evidence from day one. When you hire us, we:
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Draft and send all necessary spoliation notices
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Follow up to ensure compliance
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Use preserved evidence to build a rock-solid case
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Fight back if anything goes missing
📞 (866) BURTS-LAW
🌐 www.burtslaw-sc.com
🧠 Final Thoughts
Evidence wins cases. But once it’s gone — it’s gone.
Let Burts Law, PLLC act quickly to preserve what matters and hold the other side accountable for what they do (or don’t do) next.
📞 (866) BURTS-LAW
🌐 www.burtslaw-sc.com
📩 Protect the evidence. Protect your case.
