Occasionally, a piece of evidence may be misplaced or lost in a Buffalo personal injury lawsuit. When this happens and the missing evidence is found to be relevant to either the plaintiff’s or the defense’s assertions, a judge will usually impose some sanction upon the party that lost it.
The penalty imposed may range all the way up to dismissal of the lawsuit or a finding that the defendant is liable. There are, however, several lesser penalties that may be imposed, and the judge will determine the degree of the penalty based on the importance of the evidence and the manner in which it became lost. Courts usually will only completely decide the case in favor of one party or the other where the missing evidence is central to the lawsuit, such as when a party negligently disposes of a piece of equipment that is alleged to have been defective. Because the other party cannot examine the item to determine if it is, in fact, defective, the personal injury lawsuit may be dismissed.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call us at 716-542-5444.
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