Evidence is the foundation of every personal injury claim. After an accident in Miami, the difference between a strong case and a dismissed one often comes down to what evidence was preserved — and how quickly. Security camera footage can be deleted within days. Witnesses forget details. Physical conditions at the scene change fast. Knowing what needs to be saved, who is responsible for saving it, and when to act can protect your right to fair compensation.

Key Takeaways

  • Evidence in personal injury cases can disappear within days of an accident. Acting fast is critical.
  • Florida’s statute of limitations gives most injury victims two years from the date of the accident to file a claim, but evidence deadlines are much shorter.
  • You are responsible for preserving evidence in your possession. Your attorney can request and secure evidence held by others.
  • A preservation letter (also called a spoliation letter) notifies the at-fault party of their legal duty to retain relevant materials.
  • Under Florida law, destroying or failing to preserve evidence can result in serious legal consequences, including court sanctions and adverse jury instructions.
  • Hiring an experienced personal injury attorney early protects your evidence and your claim.

Why Evidence Preservation Matters After a Personal Injury Accident

Evidence Can Prove What Happened, Who Was at Fault, and How Badly You Were Harmed

A personal injury claim rests on three things: liability, causation, and damages. Evidence supports all three.

Without proof of liability, the at-fault party can deny responsibility. Without medical documentation, insurers can argue your injuries were minor or pre-existing. Without photos, reports, or witness statements, your account of events becomes difficult to verify.

In Miami-Dade County, where approximately 59,987 traffic crashes were recorded in 2024 alone — with more than 29,000 injuries and 268 fatalities, according to the Florida Highway Safety and Motor Vehicles (FLHSMV) — personal injury claims are common. Courts and insurance companies see these cases routinely. Strong, well-preserved evidence separates the claims that succeed from those that don’t.

Some Evidence Can Disappear Quickly After an Accident

Most people assume that evidence will still be there when they need it. In reality, much of it disappears fast.

  • Business surveillance systems typically overwrite footage every 7 to 90 days, depending on storage capacity and settings. Many systems overwrite footage within 24 to 72 hours.
  • Traffic cameras and intersection footage managed by the Florida Department of Transportation or Miami-Dade County may not be retained indefinitely.
  • Accident scenes are cleaned up. Hazardous conditions are repaired. Physical evidence is moved or discarded.
  • Event data recorders (EDRs) in vehicles can be overwritten if a vehicle is repaired or totaled.

Every day that passes without action is a day that potential evidence may be lost for good.

Waiting Too Long Can Make a Strong Claim Harder to Prove

Florida law (updated by House Bill 837 in March 2023) sets the statute of limitations for most personal injury claims at two years from the accident date. Missing that deadline typically ends your ability to recover compensation entirely.

But the statute of limitations is not the only clock running. The practical deadline for preserving critical evidence — especially surveillance footage, physical conditions, and electronic data — is much shorter. Some materials must be secured within days or weeks, not months.

Acting early gives your legal team time to identify, request, and preserve what is needed before it disappears.

What Types of Evidence Should Be Preserved After an Accident?

Photos and Videos from the Accident Scene

Visual documentation provides an immediate, objective record of conditions at the moment of the accident. This includes:

  • Road conditions, lighting, weather, and visibility
  • Vehicle damage, skid marks, and debris
  • Property hazards like wet floors, broken stairs, or missing guardrails
  • Visible injuries immediately after the incident

Photographs taken at the scene carry more weight than descriptions written days later. Take them as soon as it is safe to do so.

Surveillance Footage from Businesses, Parking Lots, Hotels, or Apartment Buildings

Nearby businesses — grocery stores, pharmacies, restaurants, parking garages, and hotels — often have cameras that captured what happened. This footage can show the exact sequence of events, speeds, positions, and contributing factors that witness testimony alone cannot.

Miami’s commercial density in areas like Brickell, Wynwood, Coral Gables, Coconut Grove, and the Biscayne Boulevard corridor means there are often multiple camera angles available. The challenge is that this footage must be requested before it is overwritten.

Dashcam, Rideshare, Truck, or Vehicle Camera Footage

Rideshare vehicles operated by companies like Uber and Lyft often have dashcam equipment. Commercial trucks are frequently equipped with outward and inward-facing cameras as part of fleet safety systems. Even private vehicles increasingly have dashcams installed.

This footage can establish fault clearly and quickly. It must be requested and preserved before it is deleted, transferred, or overwritten during routine maintenance.

Police Reports, Crash Reports, and Incident Reports

Florida traffic crash reports filed by law enforcement document the officer’s observations, party information, insurance details, contributing factors, and preliminary fault assessments. These reports are foundational documents in car accident claims.

For premises liability cases — slip and fall accidents, negligent security incidents, or construction site injuries — incident reports filed by the property owner or employer are equally important. Always request a copy at the time of the incident and follow up in writing to confirm that a report was created.

Medical Records, Diagnostic Tests, and Treatment Notes

Medical documentation links your injuries directly to the accident. This includes:

  • Emergency room records and admission notes
  • Diagnostic imaging (X-rays, MRIs, CT scans)
  • Physician evaluations, surgical records, and physical therapy notes
  • Pharmacy records and prescription history

Medical records establish the nature and extent of your injuries, the treatment required, and the cost incurred. Delays in seeking treatment create gaps that insurance adjusters use to argue that your injuries were not serious or were unrelated to the accident.

Witness Names, Statements, and Contact Information

Eyewitnesses provide independent accounts that support your version of events. Their testimony can address details that physical evidence cannot fully explain — driver behavior before impact, the condition of a property before an accident, or the sequence of events during an incident.

Witnesses can move, lose contact details, or simply forget over time. Collecting names and contact information at the scene — or shortly after — preserves access to their accounts when they matter most.

Damaged Vehicles, Defective Products, Clothing, Shoes, or Other Physical Evidence

Physical evidence often tells a story that cannot be reconstructed later. A damaged vehicle can be analyzed by accident reconstruction experts to establish speed, impact angle, and the force involved. A defective product can be tested by engineers to identify a design flaw or manufacturing defect. Clothing and footwear worn during a slip and fall can help establish what conditions were present at the time.

Do not discard, repair, or return any physical items connected to the accident before speaking with your attorney.

Cell Phone Records, GPS Data, Event Data Recorder Information, and Other Digital Evidence

Digital evidence has become increasingly valuable in personal injury cases. This category includes:

  • Cell phone records showing texting or phone use at the time of impact
  • GPS data from navigation apps or fleet tracking systems
  • Event data recorders (EDRs), sometimes called black boxes, that record speed, braking, steering input, and throttle position in the seconds before a crash
  • Electronic logs required for commercial truck drivers under Federal Motor Carrier Safety Administration (FMCSA) regulations

Obtaining this evidence typically requires legal action, including subpoenas and formal discovery requests. An attorney must act before data is overwritten, erased, or lost due to vehicle repairs.

Who Is Responsible for Preserving Evidence?

You Are Responsible for Preserving Evidence in Your Possession

If you have photos, videos, text messages, medical records, damaged clothing, or any other materials related to the accident, you have an obligation to preserve them from the moment you know — or reasonably should know — that a legal claim may arise.

This means:

  • Not deleting photos, videos, or messages from your phone
  • Not throwing away torn clothing, broken equipment, or damaged personal items
  • Not repairing a damaged vehicle without first documenting it thoroughly
  • Not removing or altering anything connected to the accident before your attorney reviews it

The At-Fault Party May Be Responsible for Preserving Relevant Evidence

Once a potential claim is reasonably foreseeable — which can be triggered by an accident, a report, or a legal notice — the at-fault party has a duty to preserve evidence in their possession or control.

This applies to:

  • Drivers involved in a crash (vehicle data, insurance records, cell phone records)
  • Property owners involved in slip and fall or negligent security incidents (maintenance records, inspection logs, incident reports, surveillance footage)
  • Employers whose workers caused an accident (employment records, training logs, incident reports)

Failure to preserve this evidence — whether intentional or negligent — can constitute spoliation under Florida law.

Businesses, Property Owners, Employers, or Trucking Companies May Control Key Evidence

Some of the most valuable evidence in a personal injury claim sits with a party that has no obligation to help you unless legally compelled. A business may erase surveillance footage as a routine matter. A trucking company may purge driver logs. A property owner may repair a hazardous condition without documenting it first.

Florida law gives injury victims legal tools to compel preservation and production of this evidence — but those tools must be used quickly, before the evidence is gone.

Insurance Companies May Have Access to Photos, Statements, Reports, or Inspection Records

The at-fault party’s insurance company may conduct its own investigation after an accident. Adjusters often photograph vehicles, inspect properties, and collect recorded statements. The insurer’s file can contain evidence that is useful — or harmful — to your claim.

Your attorney can request relevant materials from the insurer through the discovery process if litigation becomes necessary. However, you should never provide a recorded statement to the opposing insurance company without first consulting legal counsel.

Your Attorney Can Help Identify Who Has the Evidence and Send Preservation Requests

One of the most important things an attorney does early in a case is map out the evidence — where it is, who controls it, and what steps are needed to preserve it. This includes sending preservation letters, identifying businesses with camera coverage, locating witnesses, and issuing legal notices before the window to act closes.

Acting with an experienced legal team from the outset protects the quality and completeness of the evidence available to support your claim.

What Evidence Should I Personally Save After an Accident?

Photos, Videos, and Screenshots

Document the scene as thoroughly as possible. Capture:

  • Vehicle damage from multiple angles
  • Road conditions, traffic signals, and signage
  • Visible injuries immediately and in the days following
  • Property hazards or defects that caused the accident
  • Any surveillance cameras visible in the area

If you could not take photos at the scene, return as soon as possible or ask someone you trust to photograph the location before conditions change.

Medical Bills, Prescriptions, and Discharge Papers

Every document connected to your medical treatment supports your damages claim. Keep originals of:

  • Hospital discharge summaries and admission records
  • Physician invoices and billing statements
  • Pharmacy receipts and prescription labels
  • Physical therapy or rehabilitation records
  • Any correspondence from your health insurer about the treatment

Repair Estimates, Tow Receipts, Rental Car Records, and Out-of-Pocket Expenses

Out-of-pocket losses are recoverable. Save receipts and documentation for:

  • Vehicle towing and storage
  • Repair estimates and invoices
  • Rental car costs during repair periods
  • Home modification or medical equipment purchases
  • Transportation to and from medical appointments

Text Messages, Emails, Insurance Letters, and Claim Numbers

Preserve all written communications related to the accident, including:

  • Messages exchanged with the other party after the incident
  • Emails or letters from insurance companies
  • Claim numbers, adjuster names, and contact information
  • Any correspondence from your employer about missed work or disability

Do not delete these messages from your phone or email accounts. Screenshots provide an additional layer of backup.

A Written Timeline of What Happened Before Memories Fade

Memory degrades faster than most people realize — especially following a traumatic incident. Write down everything you remember as soon as possible:

  • Where you were going and what you were doing before the accident
  • The exact sequence of events
  • What the other party said or did
  • What you observed at the scene
  • How you felt physically in the hours and days after

This written record can be invaluable when recalled months later during a deposition or at trial.

Names and Contact Information for Witnesses

Collect the full name, phone number, and email address of anyone who witnessed the accident. If they are willing, note a brief summary of what they said they observed.

Even if a witness is reluctant to be involved, having their contact information available means your attorney can reach out when formal statements are needed.

What Evidence Can a Personal Injury Lawyer Help Obtain?

Surveillance Footage Before It Is Deleted or Overwritten

Most commercial surveillance systems in Miami operate on a continuous overwrite cycle. Some systems delete footage in as little as 24 hours. Others may retain video for up to 90 days. Without a preservation demand, that footage disappears.

An attorney can send an immediate written preservation notice — backed by the threat of legal action — that puts the property owner or business on notice of their duty to retain the footage. Courts take violations of preservation duties seriously.

Company Records, Maintenance Logs, Inspection Reports, and Training Materials

In slip and fall or premises liability cases, maintenance records can show whether a hazard existed for days or weeks before the accident occurred. Inspection logs can establish whether a property owner knew about a dangerous condition and failed to address it. Training records can show whether employees were properly instructed on safety protocols.

These documents are rarely handed over voluntarily. They are obtained through formal discovery once a lawsuit is filed, or through pre-suit requests backed by preservation demands.

Trucking Records, Driver Logs, Black Box Data, and Fleet Safety Documents

Commercial truck accidents often result in catastrophic injuries. Under FMCSA regulations, trucking companies are required to maintain extensive records — driver qualification files, hours-of-service logs, vehicle inspection reports, and maintenance records. Black box (EDR) data from the truck can establish speed, braking behavior, and mechanical status.

These records must be preserved immediately after an accident. Trucking companies are known to conduct rapid post-accident investigations. Having an attorney send a legal hold notice — often within hours of the collision — prevents records from being purged during routine data cycles.

Property Owner Records in Slip and Fall or Negligent Security Cases

For slip and fall or negligent security claims, attorney-requested evidence often includes:

  • Prior incident reports documenting complaints about the same hazard
  • Security camera systems and footage coverage maps
  • Contracts with security companies or maintenance vendors
  • Prior crime statistics relevant to negligent security claims
  • Work orders showing when conditions were identified and when repairs were made

Medical Records, Expert Opinions, and Accident Reconstruction Evidence

An experienced personal injury attorney works with medical experts to document the full scope of injuries — including future medical needs, ongoing rehabilitation costs, and permanent impairments. Accident reconstruction specialists can analyze physical evidence, vehicle dynamics, and crash data to establish fault through scientific analysis when the facts are disputed.

Evidence Held by Third Parties Who May Not Cooperate Voluntarily

Third parties — businesses, government agencies, employers, telecommunications companies — often decline to provide records voluntarily. After a lawsuit is filed, formal discovery tools, including subpoenas for documents and depositions, legally compel these parties to produce relevant evidence.

In some cases, an attorney can pursue pre-suit discovery when there is a compelling reason to act before a lawsuit is formally filed.

How Does an Attorney Request That Evidence Be Preserved?

Sending a Preservation Letter or Spoliation Letter

A preservation letter — also called a spoliation letter or litigation hold notice — is a formal written demand sent to any party who may possess, control, or have access to relevant evidence. The letter:

  • Identifies the accident and the evidence at issue
  • Notifies the recipient of their legal duty to preserve materials
  • Lists specific categories of documents, records, footage, and data that must not be deleted or altered
  • Warns of potential legal consequences if evidence is destroyed

Under Florida law, once a party receives a preservation letter, destroying evidence can be treated as intentional spoliation, triggering serious legal consequences.

Identifying the Person or Business That Controls the Evidence

Before a preservation letter can be sent, the attorney must identify who actually controls the evidence. For a business surveillance camera, that may be the property owner, a property management company, or a security vendor. For truck accident data, it may be the driver’s employer, a fleet management company, or a third-party logistics provider.

Experienced personal injury attorneys know how to identify these parties quickly and move before the window closes.

Requesting Specific Categories of Evidence Before They Are Lost

Effective preservation demands are specific. Vague requests are easier for recipients to deflect or partially comply with. A strong preservation letter lists exactly what must be saved — by category, date range, format, and custodian — so there is no room for ambiguity.

Using Discovery Tools After a Lawsuit Is Filed

Once a lawsuit is filed in Miami-Dade County Circuit Court, formal discovery tools become available. These include:

  • Written interrogatories
  • Requests for production of documents
  • Depositions under oath
  • Requests for admission

Discovery compels opposing parties and, in some cases, third parties to produce evidence relevant to the case under penalty of perjury.

Seeking Subpoenas for Documents, Digital Records, or Physical Evidence When Appropriate

When third parties — such as telecommunications carriers, government agencies, or non-party businesses — hold relevant evidence, a court-issued subpoena legally requires them to provide it. Subpoenas can compel the production of documents, electronic records, video footage, and physical items.

Not every piece of evidence can be obtained. Practical limitations — including destroyed records, unavailable footage, and legal privileges — mean that some evidence is simply gone. But acting early and strategically maximizes what can be recovered.

What Happens If Important Evidence Is Lost or Destroyed?

The Court May Consider Whether the Evidence Existed and Whether There Was a Duty to Preserve It

Under Florida law, when a party destroys or fails to preserve evidence, the court evaluates several factors: whether the evidence existed, whether the responsible party had control over it, and whether there was a legal duty to preserve it. These determinations guide what remedies may be available.

Destroyed Evidence Can Create Serious Problems for the Party Responsible

Florida recognizes two types of spoliation claims:

First-Party Spoliation occurs when one of the parties to the lawsuit destroys evidence. Courts may respond by issuing adverse inference instructions — telling the jury to assume the destroyed evidence would have been unfavorable to the party responsible for its loss. Courts may also exclude certain defenses or impose monetary sanctions.

Third-Party Spoliation occurs when a non-party to the lawsuit destroys evidence. Under Florida law, victims may be able to file a separate tort action against a third party whose intentional or negligent destruction of evidence harmed their ability to pursue a claim. For example, if a business deletes surveillance footage of a slip and fall after receiving notice of a potential claim, the injured party may have a spoliation claim against that business.

Possible Consequences May Include Court Sanctions or Evidentiary Issues

Penalties for spoliation in Florida can include:

  • Adverse inference jury instructions (the jury may assume the lost evidence supported the plaintiff’s position)
  • Exclusion of defenses that the responsible party would otherwise have available
  • Monetary sanctions against the responsible party or their attorney
  • In rare, egregious cases, dismissal of claims or striking of pleadings

Why You Should Tell Your Attorney Immediately If You Believe Evidence Is Missing

If you suspect that relevant evidence has been destroyed, concealed, or altered — whether by an opposing party, a business, or anyone else — tell your attorney immediately. The legal response must be prompt. Filing the appropriate motions, documenting the destruction, and pursuing alternative evidence sources are all time-sensitive steps that your attorney can take once alerted.

Spoliation does not automatically win or lose a case. But it changes the evidentiary landscape significantly, and the legal system provides tools to address it.

Common Examples of Evidence Preservation in Miami Personal Injury Cases

Car Accidents on I-95, the Palmetto Expressway, or Biscayne Boulevard

Miami-Dade County recorded approximately 164 car crashes per day in 2024, according to the FLHSMV. High-volume corridors like I-95, the Palmetto Expressway (SR-826), the Dolphin Expressway (SR-836), and Biscayne Boulevard are frequent accident sites.

For crashes on these roadways, evidence typically includes police crash reports, Florida Department of Transportation camera footage, dashcam video from nearby vehicles, EDR data from both vehicles, and cell phone records. Most of this evidence requires active, prompt legal action to preserve.

Slip and Fall Accidents at Grocery Stores, Hotels, Restaurants, or Apartment Buildings

Miami’s hospitality and retail sectors generate a significant number of premises liability claims. In a typical slip and fall case, the most critical evidence includes store surveillance footage showing the condition of the area before and after the accident, incident reports filed by employees, prior maintenance or complaint records, and the testimony of store employees on duty at the time.

In Miami Beach, Brickell, South Beach, and other high-traffic commercial areas, business surveillance systems are common. These systems must be contacted within days of the accident — sometimes within hours — before footage cycles are overwritten.

Truck Accidents Involving Commercial Drivers or Delivery Companies

Commercial trucking accidents frequently involve multiple liable parties: the driver, the carrier, the company that loaded the cargo, and the vehicle manufacturer if a defect contributed. Evidence in truck accident cases must be preserved aggressively and immediately, including FMCSA-regulated logs, maintenance records, black box data, and any internal communications about the driver’s history or the vehicle’s condition.

Negligent Security Claims at Parking Garages, Nightclubs, Hotels, or Residential Properties

Negligent security cases — where a property owner’s failure to provide adequate security allowed a foreseeable crime to occur — depend heavily on evidence of prior incidents, security protocols, and camera coverage. In Miami, these claims arise at parking structures, entertainment venues, nightclubs, and apartment complexes. Prior police reports involving the same property, security staffing records, and camera placement documentation all constitute evidence that must be preserved quickly.

Construction, Workplace, or Premises-Related Injury Claims

Miami is one of the most active construction markets in the United States. Construction site accidents may involve falls, equipment failures, collapses, or electrocution. Evidence in these cases includes OSHA inspection records, safety training documentation, equipment maintenance logs, subcontractor agreements, and witness statements from other workers on the site.

How Quickly Should Evidence Be Preserved?

Some Video Footage May Be Deleted or Overwritten Within Days or Weeks

Security camera systems — in businesses, parking lots, hotels, and apartment buildings — are typically configured to overwrite footage automatically on a rolling cycle. Most systems retain footage between 7 and 90 days. Many commercial systems in busy Miami retail and hospitality environments overwrite footage every 24 to 72 hours.

This is not a matter of years or months. It is often a matter of days. A preservation demand must go out the same day the attorney is retained, and ideally within 24 to 48 hours of the accident.

Physical Conditions at the Scene Can Change Quickly

A wet floor is cleaned up. A broken stair is repaired. A cracked sidewalk is resurfaced. A damaged guardrail is replaced. Property owners often move quickly to fix hazardous conditions — especially after an accident — both to prevent additional incidents and, in some cases, to limit their legal exposure.

Florida courts have addressed scenarios where property owners repaired dangerous conditions after an injury without preserving photographic evidence or records of the repair. Prompt documentation is essential.

Witnesses May Move, Forget Details, or Become Harder to Reach

Witness testimony degrades over time. Studies in cognitive psychology consistently show that human memory is malleable and that recall accuracy decreases significantly within days of an event. In a city with Miami-Dade County’s transient population — with over 28 million visitors recorded in 2024, according to the Greater Miami Convention & Visitors Bureau — witnesses may leave the area quickly.

Collecting contact information and obtaining statements as soon as possible preserves access to independent accounts while they are most accurate and reliable.

Medical Documentation Should Begin as Soon as Possible After the Injury

Seeking prompt medical attention after an accident is both a health necessity and a legal imperative. Delayed treatment creates gaps in the medical record that insurance companies use to argue that the injury was not serious or was caused by something other than the accident.

Emergency room records, urgent care notes, and physician evaluations created in the hours and days following an accident are among the most powerful pieces of evidence in a personal injury claim. Do not wait.

What Should You Avoid Doing With Evidence?

Do Not Throw Away Damaged Items Too Soon

Torn clothing, broken equipment, damaged footwear, and other physical items connected to an accident can serve as important evidence. Do not discard them before consulting with your attorney. In some cases, these items may be analyzed by forensic experts.

Do Not Repair or Alter Key Physical Evidence Without Legal Guidance

Repairing a damaged vehicle before it has been properly documented and inspected eliminates valuable physical evidence about the mechanics of the crash. Before you authorize any vehicle repairs following an accident, consult with your attorney.

Do Not Delete Messages, Photos, Videos, or Social Media Posts Related to the Accident

Anything you post or share on social media following an accident can be used by the opposing party or their insurer. A photo of you at an event, a comment about your recovery, or a post that contradicts your stated limitations can significantly damage your claim.

Do not delete existing posts either — deletion of content that is relevant to litigation can itself constitute a form of spoliation.

Do Not Give Recorded Statements Without Understanding the Impact

Insurance adjusters routinely call accident victims within days of an incident and request recorded statements. These statements are taken out of context, used to minimize claims, and difficult to walk back later. Florida law does not require you to give a recorded statement to the opposing party’s insurer.

Politely decline, document the contact, and inform your attorney.

Do Not Assume the Insurance Company Will Preserve Everything for You

The insurance company’s obligation is to its own financial interests, not yours. Adjusters may conduct their own investigation, collect evidence favorable to their position, and stop short of preserving materials that help your claim. You cannot rely on the opposing insurer to do your evidence work.

How Jimenez Mazzitelli Mordes Can Help Preserve and Obtain Evidence

We Identify the Evidence Needed to Prove Liability and Damages

At Jimenez Mazzitelli Mordes, our first step after reviewing a new case is to identify every category of evidence that could support the claim — from surveillance footage and medical records to electronic data and third-party documents. We map out where the evidence is, who controls it, and what needs to be done to secure it.

Our attorneys carry diverse experience from both sides of personal injury and insurance litigation. Shareholder Benjamin Mordes spent 10 years managing the legal department of one of the nation’s top insurance carriers and overseeing thousands of lawsuits. Partner Jordan Rosales worked as defense counsel for insurance companies before shifting to plaintiff-side advocacy. Their combined insight into how insurers evaluate, gather, and use evidence gives our clients a meaningful strategic advantage.

We Move Quickly to Notify the Right Parties

Speed matters. We send preservation letters promptly — often the same day we are retained — to businesses, property owners, trucking companies, government agencies, and any other party that may control relevant materials. This puts those parties on formal legal notice of their duty to preserve evidence and documents our action if spoliation later becomes an issue in the case.

We Work With Experts When Evidence Requires Technical Review

Some evidence requires expert analysis to interpret. Our firm works with accident reconstruction specialists, forensic engineers, medical experts, and vocational rehabilitation professionals to analyze complex evidence and translate technical findings into clear, compelling presentations for insurance companies, mediators, and juries.

Shareholder Gabriel D. Mazzitelli, recognized as a “Rising Star” by Florida Super Lawyers and “Up-and-Comer” by Florida Trend’s Legal Elite, brings extensive litigation experience across personal injury and insurance disputes. Partner Phillip Holden has played a role in securing settlements and verdicts exceeding $225 million as trial counsel across complex litigation cases nationwide.

We Handle Communications With Insurance Companies and Opposing Parties

Once you hire Jimenez Mazzitelli Mordes, all communications from opposing insurers and at-fault parties go through our team. We prevent you from being pressured into premature statements, early settlement offers, or evidentiary missteps that could harm your claim.

Our firm handles cases across Miami, Coral Gables, Hialeah, Doral, Kendall, Homestead, Fort Lauderdale, West Palm Beach, and throughout Miami-Dade County and South Florida.

Speak With a Miami Personal Injury Attorney About Preserving Evidence

If you or a loved one has been injured in an accident in Miami-Dade County, do not wait to get legal guidance. The evidence clock starts running immediately.

We invite you to schedule a free case consultation with our team at Jimenez Mazzitelli Mordes. We handle all personal injury cases on a contingency fee basis — you pay nothing unless we win. Our attorneys will review the facts of your case, identify what evidence exists, and take immediate steps to protect it.

Call us today at (305) 548-8750 or contact us online to speak with one of our personal injury attorneys in Miami. The consultation is free, and there is no obligation. The sooner we start, the more evidence we can protect.

Frequently Asked Questions

What is a preservation letter and when should it be sent?

A preservation letter is a formal written notice sent to a party who controls relevant evidence, informing them of their legal duty to retain it. It should be sent as soon as possible after an accident — ideally within 24 to 48 hours of retaining an attorney.

How long does a business keep surveillance footage in Florida?

Most commercial surveillance systems retain footage between 7 and 90 days, depending on storage settings and system configuration. Many businesses overwrite footage in as little as 24 to 72 hours. Evidence requests must be made immediately to prevent loss.

What is spoliation of evidence in Florida?

Spoliation occurs when evidence relevant to a legal claim is lost, destroyed, altered, or not preserved. Florida law recognizes two types: first-party spoliation (by a party to the lawsuit) and third-party spoliation (by a non-party). Courts may impose sanctions, issue adverse inference instructions, or allow separate legal claims against the responsible party.

What evidence does a personal injury attorney look for after a car accident in Miami?

Key evidence includes the police crash report, surveillance footage from nearby businesses and traffic cameras, dashcam or vehicle camera footage, event data recorder (black box) data, cell phone records, medical records, witness statements, and vehicle inspection reports.

Can I get surveillance footage from a business if I was injured on their property?

You can request it, but businesses are not required to provide it voluntarily before litigation. An attorney can send a preservation demand backed by legal notice and use formal discovery tools to compel production after a lawsuit is filed.

What happens to evidence if the other party destroys it?

Under Florida law, the court may issue an adverse inference instruction, telling jurors they can assume the destroyed evidence supported the injured party’s position. Courts may also impose monetary sanctions or exclude certain defenses available to the responsible party.

Do I have to preserve evidence even if I haven’t decided to file a lawsuit?

Yes. The duty to preserve evidence arises when a legal claim becomes reasonably foreseeable — which can occur at the time of the accident, before you have decided whether to pursue legal action. Preserve everything connected to the incident from the start.

What should I not do with evidence after a personal injury accident?

Do not throw away damaged items, repair physical evidence, delete photos or messages, post about the accident on social media, or give a recorded statement to the opposing party’s insurer without first consulting a personal injury attorney.

How does Florida’s statute of limitations affect my evidence preservation strategy?

Florida’s two-year statute of limitations (updated in March 2023) sets the legal deadline to file a claim, but the practical deadlines for preserving specific evidence — particularly surveillance footage, electronic data, and physical conditions at the scene — are much shorter. Some evidence must be secured within days of the accident.

Can a personal injury attorney help even if the accident happened weeks ago?

Yes. While acting immediately is always preferable, an attorney can still identify what evidence may remain available, send preservation demands for materials not yet overwritten, locate witnesses, obtain medical and police records, and assess the strength of your claim. Contact a Miami personal injury attorney as soon as you are ready to act.

Talk to a Miami Personal Injury Lawyer Before Important Evidence Disappears

The strength of your personal injury claim depends largely on what evidence can be collected, preserved, and presented. In Miami-Dade County — one of the most accident-prone counties in Florida, with nearly 60,000 crashes recorded in 2024 — insurance companies are experienced at building defenses and minimizing payouts. Your protection starts with fast, strategic action on the evidence.

At Jimenez Mazzitelli Mordes, we have built our practice on exactly this kind of aggressive, client-first advocacy. Our team recovered multi-million-dollar verdicts and settlements across personal injury, medical malpractice, premises liability, and insurance litigation cases throughout South Florida. We serve clients in Miami, Miami Beach, Brickell, Coral Gables, Coconut Grove, Hialeah, Doral, Kendall, and across Miami-Dade County.

We offer a free case consultation with no obligation. You pay nothing unless we win.

Call (305) 548-8750 today or contact us online to speak with an experienced member of our team. The longer you wait, the more evidence may disappear — and your claim may suffer for it. We are ready to act now.