What You Need to Know About Spoliation of Evidence in Texas

In Texas, winning a personal injury claim takes using clear and convincing evidence to prove that the defendant more likely than not caused the accident and injuries in question. Evidence is a critical part of an injury lawsuit or insurance claim in Texas. The spoliation of evidence – the loss or destruction of evidence – has to do with the evidentiary standards of an injury claim. It does not describe a separate civil tort. It is important to understand how the courts deal with the spoliation of evidence in case a defendant is guilty of this tort during your injury claim.

Spoliation of evidence describes spoiling, ruining, destroying or eliminating key evidence that could have been useful for someone else during a civil or criminal case. The spoliation of evidence can be negligent or intentional. Either way, the defendant may have to answer for the preventable loss or destruction of material evidence. Material evidence can refer to many different sources of proof of a defendant’s negligence or fault for an accident.

Material evidence is the main source of evidence used to prove or disprove a fact during a case. The different types of material evidence are real, demonstrative, documentary and testimonial. The destruction of any type of evidence could lead to a spoliation of evidence charge. If another person in the same position reasonably would have been able to save or preserve the evidence in question, the defendant may be guilty of this tort.

Spoilage of evidence is not grounds for an independent tort claim, according to Texas law. This means you cannot bring a separate civil claim against a defendant for destroying evidence – even if the defendant was negligent or intentional in allowing the destruction of evidence. Instead, Texas law treats the spoliation of evidence as an evidentiary issue during a personal injury claim. The courts will handle this issue with a remedy that is appropriate for the circumstances of the case. In past cases in Texas involving the spoliation of evidence, the courts set a precedent of analyzing the situation based on three elements.

If one party succeeds in proving the spoliation of evidence, the Texas courts have the discretion to determine an appropriate remedy. The courts will give the jury a spoliation of evidence instruction prior to deliberations. This instruction confirms that one party destroyed or failed to produce material evidence, and states that the jury should presume the evidence was unfavorable to that party. It will then be up to the jury to decide on liability while keeping the spoliation of evidence in mind.

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