Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
How quickly can evidence disappear after an accident?
Within days. Many surveillance systems record over footage automatically.
Vehicles are repaired or scrapped, dangerous conditions are cleaned up, incident reports are incomplete, and witnesses become hard to locate. This applies to every kind of injury case.
What evidence matters in my type of case?
It depends on the case. Every case needs its own evidence plan.
Car crashes: vehicle and scene photos, dash camera and traffic camera footage, event data, repair records, witness statements, police reports, insurance policies, and phone evidence in distracted-driving cases.
Slip and falls: surveillance video, cleaning and inspection logs, incident reports, employee statements, photos of the hazard, prior complaints, store policies, and maintenance records. See slip and fall cases.
Negligent security: prior police calls, security footage, lighting and gate records, patrol logs, prior incident reports, management documents, and security contracts.
Truck crashes: see truck accident cases for electronic logging and carrier records.
What happens if a defendant destroys or loses evidence in Florida?
Florida handles it inside the injury case itself, through remedies such as presumptions and sanctions where appropriate.
When the party that lost the evidence is the defendant, Florida does not recognize a separate lawsuit for it. Instead, the remedies come inside the injury case: sanctions and an adverse inference when the loss was intentional, and, when it was negligent, a rebuttable presumption of negligence. Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005). That presumption comes from Public Health Trust of Dade County v. Valcin, 507 So. 2d 596, 599 (Fla. 1987), and it applies when the plaintiff first shows "that the absence of the records hinders his ability to establish a prima facie case."
Before any remedy, courts ask three questions: whether the evidence existed, whether the party had a duty to preserve it, and whether it was critical to proving a claim or defense. Pena v. Bi-Lo Holdings, LLC, 304 So. 3d 1254 (Fla. 3d DCA 2020). Whether a sanction is imposed depends on any willfulness or bad faith, the prejudice to the other side, and what it takes to cure that prejudice. Id.
The duty piece is why the letter matters. Florida courts have said there is no general common-law duty to preserve evidence; it must come from a contract, a statute, or a request. In Pena, the court recognized that a store was obligated to keep its video after receiving a specific presuit request for it. Id.
What should a preservation letter include?
The incident, the date, the location, and the specific categories of evidence that must be kept.
A generic template may not be enough. The letter should be specific to the facts and sent to everyone who has evidence: the business, property owner, driver, trucking or rideshare company, apartment complex, hotel, or store.
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Common questions
Why does evidence preservation matter in a Florida personal injury case?
Evidence can disappear quickly, and Florida courts have recognized that a store must preserve surveillance video once it receives a specific presuit request for it.
How long do stores keep surveillance video?
It varies, but many systems record over footage within days or weeks. That is why preservation demands should go out immediately.
What can I do myself right after an accident?
Take photos, get witness names and numbers, note any cameras nearby, ask for an incident report, and keep damaged items such as shoes or clothing.
This page is general information about Florida law, not legal advice for your situation.