The parties to Buffalo personal injury lawsuits are encouraged under New York State law to engage in open and fair exchange of information. When a party fails to turn over documentation, it is largely at the discretion of the court to determine what, if anything, constitutes an appropriate sanction.
Generally, when a party fails to produce a document, it may not be used against that party unless the jury is satisfied that (1) a document is in their possession that is important to an issue in the personal injury lawsuit and (2) there has been no reasonable explanation for failing to produce the document. If these criteria are met, the jury may infer that the document would not have supported that party’s position.
Where a party has deliberately destroyed evidence, however, there may be an inference of fraud. When this occurs, the party may be limited in the evidence it can submit and there is an even stronger inference that the document would not have supported the party that destroyed it.
In most personal injury lawsuits in Buffalo, the need for such sanctions is rare. It is very unusual for a party to refuse to turn over evidence, especially when the other party seeks a directive by the court to produce it.
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