Am I responsible for preserving the evidence?

There are many reasons why the law requires you to preserve evidence from a crime. Let’s read.

In Florida, you are responsible for preserving the evidence you have gathered for your injury case. This can be a complicated matter, and you will likely need the help of a lawyer to handle it properly. 

Evidence can be anything from data to statements by suspects or items found at a crime scene. The law requires that you preserve evidence for its total value, so you must do so as soon as possible. 

Evidence can help investigators piece together the crime details and identify a suspect or an offender. This is a vital function of the government, and there are many ways that you can contribute to preserving the evidence.

This article will look at some ways to make the destruction of evidence in Miami, Florida, which legal practitioners should consider in a criminal or civil case.

Document eRecording

Document eRecording world standards enable parties to submit data uniformly for interstate communication. 

Preserving evidence in the state of Florida requires proper metadata. Accurate metadata is vital for long-term eRecording. Because the completed documents are public records, the security of the information must be adequate to prevent interception, alteration, or substitution. 

The following are essential factors to consider when choosing a document eRecording service.

• First, document eRecording technology makes it easy to preserve evidence and minimizes paper. This process eliminates the need for physical documents and significantly simplifies the document indexing process. The documents are electronically recorded at the County Recorder’s office via an e-recording vendor. The documents most commonly eRecorded are Deed and Assignment of Mortgage documents. Electronic eRecording requires a high-speed Internet connection and a scanner. Document eRecording vendors charge a fee for the service.

• After the recording endorsements have been recorded, XHTML documents are transformed into TIFF images. A digital copy of the document will be delivered within two business days. Once the court approves the electronic document, it is preserved in Florida for up to 100 years.

• Electronic document recording is an integral part of establishing rights and property records. It also helps recorders process documents much faster while assisting any Traffic collision lawyer. Unlike paper-based documents, electronic documents are processed within days, eliminating the risk of lost or damaged documents. Electronic documents can also provide additional peace of mind since the eRecorded document can be stored in the cloud and backed up in multiple secure locations.

Duty to preserve evidence

The duty to preserve evidence arises when the preserving party knows a statute, contract, or discovery requirement. 

In Florida, the duty to preserve evidence does not begin until the preserving party reasonably anticipates litigation. The exception for reasonable retention policies applies to the destruction of documents. In this circumstance, the destruction of records will not be considered spoliation. 

However, if the preserving party does not have reasonable preservation policies, such destruction will be considered spoliation.

• A duty to preserve evidence extends to a third party, not a party to the litigation. In Florida, an appeals court ruled that third parties do not have a duty to preserve evidence if they were aware of the lawsuit or foresaw it. 

For example, a party may be the duty to preserve evidence if a third party provides the proof. The responsibility to protect proof applies to the preserving party only if the party is the defendant in the lawsuit.

• A plaintiff must prove that a third party had a duty to preserve evidence. In Shamrock v. Remark, the Florida court determined that a third party did not have a responsibility to safeguard the records, even though the plaintiffs had previously served a subpoena. Moreover, Remark did not respond to the plaintiffs’ subpoena until she destroyed the records. Thus, the plaintiffs were unsuccessful in their lawsuit.

• A plaintiff can impose sanctions for spoliation of evidence in Florida when it fails to comply with its legal obligation. Florida courts have recognized that preserving proof is essential for establishing a deterrent and seeking redress in Florida. 

• This duty applies when a party reasonably anticipates that a lawsuit is in the works. In such instances, the attorney will send a spoliation of evidence letter to notify the party and the Attorney for a car accident of the consequences of destruction.

Sanctions For Spoliation Of Evidence

The first case in Florida to impose sanctions for spoliation of evidence involved a defective hip prosthesis. The case involved a missing fracture site and electron microscope examination of the hip. This case demonstrates that spoliated evidence can be an issue in criminal or civil litigation. 

Here are three aspects of cases where spoliation of evidence can be a problem. 

• If a side destroys evidence, the lawsuit might be dismissed. A party accused of spoliation of evidence can have their case dismissed if they destroy crucial evidence. The court will assess the guilt of the party accused of spoliation and the degree of prejudice the destruction caused—the more egregious the guilt, the harsher the sanction. If the spoliator did not destroy evidence, the court would likely dismiss the case.

• Secondly, courts were hesitant to order sanctions for spoliation of evidence. However, courts have begun considering technological devices in tractor-trailers as significant factors. 

In the cases of Greyhound, Bulkmatic, and Frey, the courts have rejected sanctions for spoliation of evidence. The courts in those cases have concluded that the plaintiff did not intend to destroy the evidence and that the destruction of the evidence was not a spoliation of evidence.

• The third aspect of spoliation is the destruction of evidence. This can happen by intentionally destroying or altering evidence that could help prove a case. This can include documents, social media accounts, and hard drives. The destruction of evidence may also increase the cost of litigation because it takes longer to recreate the proof. Additionally, destruction offends the notion of fair play and the spirit of liberal discovery.

Document eRecording as a way to preserve evidence

Recording documents electronically has become more convenient for large volume document recorders. This document recording is facilitated by third-party vendors who establish accounts with county clerks. 

The Miami-Dade County Clerk accepts documents e-recorded by five different vendors. However, the vendors require original documents at the time of e-recording. In addition, they follow strict security requirements.

Currently, 44 of Florida’s 67 counties offer e-recording. The trend will continue to grow in the coming years. Florida’s Rule of Civil Procedure provides a good-faith exemption for electronic records. 

In other words, if a professional does not maintain records electronically, a court will still be able to compel that evidence. And, if the evidence is preserved electronically, the court will have a much easier time proving its case in a Miami court.

Duty to preserve evidence in personal injury cases

The duty to preserve evidence in personal injury cases in Florida arises in a few different ways. In a third-party spoliation case, the duty may appear under a statute or contract or upon being served with a discovery request. 

Florida law does not impose a standard duty to preserve evidence based on foreseeability. In other words, if you have a personal injury case, your duty to preserve evidence may be found on the occurrence of the incident.

• In a Miami personal injury lawsuit, a party fails to preserve essential evidence. The duty to preserve evidence in an individual injury case in Miami occurs when a party fails to keep relevant evidence. Spoliation of evidence results in an adverse inference or sanction. If critical evidence is not preserved, the plaintiff may lose their claim, and if spoliation is egregious, a default judgment may be entered against them. This duty of preservation can be complicated, but an experienced Miami personal injury lawyer will know how to navigate the complexities of this area of law.

• In Miami personal injury lawsuits, the defendant is liable for unreasonable behavior. In individual injury cases in Miami, the defendant is generally liable if they failed to act reasonably. If the incident was unexpected or unforeseeable, the defendant might be deemed at fault, but the damages incurred may be reduced. 

Moreover, the US has both comparative negligence and contributory negligence laws, and each state selects one or the other. The Auto injury lawyer‘s chances of winning a personal injury case increase significantly by preserving evidence.

• Facts determine whether Miami’s injury cases must preserve evidence. A jury’s instruction regarding the duty to keep proof in a personal injury case in Miami depends on the case’s specific facts. First, the plaintiff must initiate the underlying lawsuit or obtain a final adverse judgment. Only then will the evidence be considered. The plaintiff must also present a copy of the proof to prove that it has been destroyed. A jury instruction on duty to preserve evidence in personal injury cases in Miami will be meaningful to their case.

Bottom-line

Miami injury lawyers from the Ovadia Law Group are well versed in Florida personal injury laws. They know what is required to preserve evidence and will work to protect your rights. 

While you google about a proficient personal injury lawyer near me for a free consultation, the Ovadia Law Group is just a click or call away. Their attorneys will also ensure you receive the compensation you deserve. They have offices in Miami, Boca Raton, Fort Myers, and Orlando. The firm represents Florida car accident victims and specializes in premises liability and pedestrian accidents. 

Founded in 2010, Abraham S. Ovadia has over a decade of legal experience, handling thousands of personal injury cases. He is also an active member of the legal community, donating to the Legal Aid Society of South Florida and serving the Fort Myers area.

Contact them at 1-800-674-9396, and their expert personal injury lawyers are always there for assistance.