A preservation letter, also referred to as a spoliation letter, is a letter sent to a truck company after an accident that tells the company to preserve certain records. These records can be important pieces of evidence in truck accident claim, so it’s crucial that they are not destroyed.
How to Write a Preservation Letter
A well-drafted preservation letter has certain features and qualities. It should contain the following.
- Reasonable requests: Only make reasonable requests. You only need relevant records. Asking a truck company to preserve an unrealistic amount of documentation could work against you.
- Appropriate tone: The tone should be professional, direct, courteous, and non-accusatory.
- Specific: The letter should be specific. Its primary purpose is to educate the company about the many forms of relevant evidence and the importance of taking swift action to preserve the evidence. Companies often destroy evidence and use ignorance as an excuse; they claim they didn’t know the evidence was supposed to be preserved. Being specific in the letter will help nullify this defense.
Preservation letters should be well-organized, timely, and addressed to the appropriate parties, as well. Because having an effective preservation letter can often make or break a case, it’s wise to commission an attorney to draft one for you. A truck accident attorney can ensure the letter is written correctly, includes all the pertinent bullet points, and fulfills its purpose.
Our Truck Accident Attorneys at the Miley Legal Group Can Help
If you or your loved one were recently involved a truck accident in Clarksburg, you are welcomed to call our legal team at the Miley Legal Group for help. Contact us today for a free legal consultation at 304-931-4088.