Spoliation of Evidence in Personal Injury Claims: Mitigation and Prevention

Identifying and Responding to Potential Evidence Spoliation and Drafting Spoliation Letters

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, November 12, 2014

Recorded event now available

Program Materials

This CLE webinar will discuss spoliation of evidence, one of the most serious threats to a plaintiff’s personal injury claim. Our panel will explain how to keep evidence spoliation from derailing an otherwise airtight case and offer practical approaches to deal with adjusters and defense counsel tactics.

Description

Evidence spoliation in personal injury cases can cause a party to lose a winning lawsuit for reasons having nothing to do with the merits of the case. Different types of spoliation issues attach to premises liability cases, auto accident cases, trucking injury cases, product liability cases and other specialty personal injury claims.

This webinar will provide personal injury counsel with a thorough briefing on the basis and foundation of spoliation issues, as well as how and where spoliation can jeopardize a personal injury claim. An experienced panel of personal injury attorneys will explain how to construct an effective spoliation letter, who should receive it, and best practices for executing an indisputable delivery of the letter to the defense.

Listen as our panel discusses the nuances and complexities of evidence spoliation, potential legal hurdles and how to respond to them, and dealing with methods used by adjusters and defense counsel to spoil a valid personal injury claim.

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Outline

  1. Impact of spoliation on personal injury claims
  2. How spoliation impacts claims
    1. Slip and fall cases
    2. Automobile negligence cases
    3. Trucking cases
    4. Product liability cases
  3. Identifying potential spoliation issues
    1. Trucking claims
    2. Slip and fall claims
    3. Auto accident claims
    4. Surveillance and security camera footage
    5. Destructive testing
  4. Spoliation letters: What to include and how to effect delivery
    1. Basics and outcomes of a proper spoliation letter
    2. Unique uses of spoliation letters
  5. Alternative methods to protect evidence from spoliation

Benefits

Our panel will review these and other key issues:

  • How to identify and respond to potential spoliation of evidence before it threatens a claim
  • How to draft spoliation letters, what they must include, and the best ways to deliver them to the defense
  • How to protect your client’s claims from defense tactics designed to destroy your case 

Faculty

Russ Kendzior
Russ Kendzior

Expert Witness
Traction Experts

Mr. Kendzior is one of the nation's leading slip, trip, and fall experts and has been retained in more than 450...  |  Read More

Rena M. Leizerman
Rena M. Leizerman

Of Counsel
E.J. Leizerman & Associates

Ms. Leizerman concentrates her practice in the area of serious personal injury and wrongful death involving truck...  |  Read More

Bruce E. Newman, Esq.
Bruce E. Newman, Esq.

Brown Paindiris & Scott

Mr. Newman concentrates his practice in the areas of personal injury, wrongful death, medical malpractice, product...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$197