Should I send a letter demanding the other side preserve evidence after my injury?

· 3 min read

A written preservation demand, sometimes called a spoliation letter, is a common and often valuable step after an injury. It tells the other party and anyone holding relevant evidence to keep it intact, and it strengthens the argument that any later destruction was improper. While such a letter is not always strictly required, it serves an important protective purpose.

What a preservation letter accomplishes

The core function of a preservation letter is notice. In Georgia, the duty to preserve evidence arises when litigation is pending or reasonably foreseeable, and a written demand makes that foreseeability concrete. By putting the recipient on formal notice that specific evidence is relevant to a potential claim, the letter removes any doubt that the party knew it should hold onto the material. If the evidence is later destroyed, that notice supports a stronger argument for spoliation sanctions, because the party can no longer claim it did not realize the evidence mattered.

A good preservation demand also identifies what should be kept, which reduces the chance that important proof is lost through routine practices. Evidence after an injury can be perishable: vehicles get repaired or scrapped, surveillance footage is overwritten on a short cycle, and electronic data can be automatically deleted. A timely letter aims to freeze that material before it disappears.

What such a letter typically covers

A preservation demand is most effective when it is specific. Depending on the case, it may ask the recipient to retain:

  • Vehicles involved, and any onboard or event-data-recorder information, in their post-incident condition.
  • Surveillance, dashcam, or other video footage covering the relevant time and location.
  • Maintenance, inspection, and repair records for the equipment or premises at issue.
  • Electronic data such as phone records, logs, or messages that may bear on the incident.
  • Physical items, like a defective product or component, kept in their current state.

It is usually directed not only to the other party but to any company or third party that controls relevant records, since the goal is to reach whoever can actually preserve the proof.

Sending such a letter does not commit a person to filing suit, and it does not guarantee sanctions if evidence is later lost. It is a precaution that improves the chance the evidence survives and lays groundwork should a dispute about destroyed evidence arise.

The bottom line

Sending a written preservation demand after an injury is a sound precaution in Georgia. It gives formal notice that specific evidence is relevant, reinforces the recipient’s duty to preserve, and supports a spoliation argument if the material is later destroyed. The letter works best when it identifies the evidence precisely and reaches everyone who controls it.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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