Personal Injury,
Handled Personally
Handled Personally
Holzberg Legal | Your Maritime and Personal Injury Lawyers
Evidence FAQ
Q: There’s CCTV of the incident, how do we get it?
A: We send immediate preservation (spoliation) letters and formally request production during the case. Many CCTV systems overwrite recordings within days or weeks, so speed is critical. A spoliation letter does not force the defendant to hand over the footage. It only requires them to preserve it if it exists. During discovery, we specifically request CCTV. If the defendant refuses, we can file a Motion to Compel and seek a court order. If they fail to produce footage after being told to preserve it, courts may issue sanctions or give jury instructions that the missing video should be presumed unfavorable to the defendant.
Q: Why are my shoes important in a slip and fall?
A: Shoes can be powerful evidence. The tread pattern, wear, and any residue on the sole may help experts prove the mechanics of your fall and counter defense claims that you were “careless” or “not watching where you were going.” Preserving the shoes exactly as they were after the incident, without cleaning or altering them, can make the difference in proving liability. Always bag, label, and store them safely.
Q: What else should I preserve?
A: Anything tied to the incident or aftermath. This includes clothing (especially if stained or damaged), cruise cards or tickets, receipts, excursion paperwork, photos or videos, and contact details for witnesses. Keep medical records, bills, and any devices that recorded the fall or surrounding conditions. Preserving even small items helps us piece together a stronger timeline and combat defense arguments.
Q: What site evidence matters on a ship or premises?
A: Several categories can be critical: inspection and cleaning logs (to show whether staff maintained the area), maintenance records, prior incident reports, weather or sea state logs, deck coating specifications, lighting and lux measurements, warning signage, and staffing or route coverage.
Q: Will the defense use surveillance?
A: Often. Cruise lines and insurers frequently hire investigators to monitor plaintiffs in public settings or track online presence. This is legal if done in public spaces. The best defense is consistency. If you follow your medical restrictions, surveillance footage usually helps confirm rather than hurt your case.
Q: Can we get ship navigation or operational data?
A: Yes. In maritime cases, data such as AIS (Automatic Identification System), VDR (Voyage Data Recorder), GPS tracks, deck logs, manning schedules, maintenance records, and safety or housekeeping protocols can be discoverable. These records can confirm conditions at the time of injury, staffing adequacy, or prior mechanical or safety issues relevant to liability.
Q: What about bridge logs, the ship’s manifest, Coast Guard reports, or link lock logs?
A: Bridge logs can show the official record of navigation, sea conditions, and operational activity at the time of the incident. The ship’s manifest provides a complete list of passengers and crew, which can help identify witnesses and verify presence onboard. Coast Guard reports may contain official investigations, findings, or safety violations, especially when an injury is reported at sea or upon arrival in port. Link lock logs (also called electronic lock or keycard logs) record when staterooms, restricted areas, or equipment rooms were accessed. This type of digital data can be used to prove crew activity, timing, or whether safety checks were actually performed.
Quick Glossary
MMI: Maximum Medical Improvement.
IME: Independent Medical Examination (defense medical exam).
Maintenance & Cure: Seaman’s right to living stipend and medical care until MMI.
Unseaworthiness: Vessel not reasonably fit for intended use.
DOHSA: Death on the High Seas Act.
LHWCA: Longshore & Harbor Workers’ Compensation Act.
Subrogation/Reimbursement: Payor’s right to be repaid from your recovery.
Mediation: Facilitated settlement conference.
Spoliation: Destruction/failure to preserve evidence.
Important Notice
Deadlines can be as short as months (e.g., cruise tickets). Contact us immediately so we can preserve evidence and protect your rights.
