Destroying or failing to preserve evidence—known as spoliation—can seriously impact the outcome of a lawsuit by undermining the truth. Courts may impose harsh penalties, including sanctions, adverse jury instructions, or even dismissal of claims or defenses. Acting quickly to preserve evidence and involve legal counsel is critical when there are signs that key information may be lost or altered.
Evidence is the backbone of justice. It’s what separates truth from denial, accountability from avoidance. Every lawsuit, whether it’s a car crash, workplace discrimination, or a civil rights violation—depends on one thing: proof.
Documents. Videos. Emails. Data.
Without them, the truth gets buried.
But here’s the reality most people don’t see until they’re in the middle of a case, evidence doesn’t always stick around. Surveillance footage gets “overwritten.” Emails disappear. Reports go missing. And in that moment—when evidence is destroyed, altered, or hidden, the entire case can shift.
At Marko Law, we’ve seen it firsthand. And when it happens, it’s not just frustrating, it’s a direct threat to justice.
Spoliation of evidence is the legal term for what happens when critical evidence is:
This applies across the board:
And here’s the key point: spoliation doesn’t always require bad intent.
Either way, the consequences can be severe.
Many people assume evidence only needs to be preserved after a lawsuit is filed. That’s not true.
The legal duty begins when litigation is:
That means the moment someone knows, or should know, that a legal claim may arise, they are required to preserve relevant evidence.
This applies to:
One of the most important tools here is a litigation hold:
Failure to implement a litigation hold? That’s where serious problems begin.
Spoliation shows up in real, tangible ways, and often in the evidence that matters most.
Common examples include:
When this kind of evidence disappears, it’s not just inconvenient—it can change the outcome of a case entirely.
Let’s be direct, sometimes evidence is destroyed on purpose.
Why?
This is what courts call bad faith spoliation and it can trigger the harshest penalties.
Because when someone actively tries to hide the truth, they’re not just breaking rules, they’re undermining the entire legal process.
Not all spoliation is intentional—but that doesn’t make it harmless.
Negligence can look like:
Or systems that automatically destroy evidence:
If a company knew, or should have known—that evidence needed to be preserved, negligence can still carry serious consequences.
In many cases, spoliation isn’t just about one bad decision, it’s about broken systems.
We see it when companies:
The result?
A pattern of lost, missing, or destroyed evidence that puts victims at a serious disadvantage.
Judges have broad authority to punish parties who destroy or fail to preserve evidence.
These penalties can include:
These sanctions are designed to do one thing: restore fairness. When one side destroys evidence, the court steps in to level the playing field.
One of the most powerful consequences of spoliation happens in front of a jury.
Courts may issue what’s called an adverse inference instruction, meaning:
That single instruction can shift the entire case.
In many cases, this alone can be devastating to a defense.
In the most serious situations, spoliation can end a case entirely.
Courts may:
These are not minor penalties. They are outcomes that can determine who wins—and who loses—before the full story is ever heard.
When evidence destruction crosses the line into intentional misconduct, it may trigger criminal consequences.
These can include:
At that point, it’s no longer just about a lawsuit—it’s about accountability under the law.
Under Michigan law:
Michigan courts focus on fairness, ensuring one party doesn’t gain an advantage by destroying critical proof.
If evidence in your case has been destroyed, you are not without options.
Courts may provide remedies such as:
These remedies are designed to restore balance and protect your ability to pursue justice.
To establish spoliation, certain elements must be shown:
This is where experienced legal representation matters. Proving spoliation isn’t always straightforward, but when done correctly, it can significantly strengthen your case.
The sooner you act, the better your chances of preserving what still exists.
Start building your own record right away:
Even small details can become powerful evidence later.
Protect what’s in your control:
Your records may become the foundation of your case.
It may be tempting to call out the other party—but that can backfire.
Let your attorney handle communication strategically and legally.
This is the most important step.
An experienced attorney can:
At Marko Law, we move fast because we know the other side often does too.
When evidence is destroyed, justice doesn’t just take a hit, it’s fundamentally compromised. The legal system is built on facts, documentation, and accountability. Remove that foundation, and the entire case can collapse.
Destroying evidence isn’t just unethical it strikes at the very core of fairness. It tilts the playing field, leaving victims at a serious disadvantage while allowing those responsible to hide behind missing proof.
And courts recognize that.
If you believe evidence in your case has been destroyed, altered, or hidden, you need to act now. These cases move fast—and so do the people trying to cover their tracks.
At Marko Law, we know how to uncover the truth, hold bad actors accountable, and fight for the justice you deserve. Our team has secured powerful results in complex litigation and is ready to take on your case.
📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/
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Real stories. Real results. From personal injury recoveries to civil rights victories, our clients trust Marko Law to deliver justice when it matters most. Hear what people across Michigan are saying about their experience with our legal team.
Big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way, and trust me, that's a high compliment coming from me. John Eads and Gasper tag-teamed those negotiations like champs. I'll be sending clients your way for the foreseeable future.
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌
I've been working with attorney Michael Jones for two years and couldn't have asked for a more dedicated attorney. He has never given up on my case and continues to fight hard to make sure justice is served. I highly recommend him to anyone who needs a lawyer who will stand by you.
Michael Jones and his team have been nothing but kind, courteous and very knowledgeable on any question I have had. They always answer my questions and walk me through the process. I would recommend Marko Law and Michael to anyone who needs an outstanding law firm.
From intake through the entire process, Michael Jones and his team have been doing an excellent job representing me. Their timely responses have given me true faith in their ability. I truly feel I could not be better represented anywhere else. Thank you, Michael and Dae!
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
I wanted to offer some positive feedback regarding Melody, who answers the phone. I found her to be very polite, cheerful and empathetic. She went above and beyond to make sure I could talk directly to the person who could best help me, and my issue was successfully resolved.
Marko Law is excellent! My case was handled very well. I appreciate the time Alex Kay spent to ensure I received the maximum payout, and his paralegal Tracey was great too. I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted law firm!
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case, and his expertise has made a stressful situation feel much less daunting. He's been nothing but attentive and informative throughout the process.
Ariel Kellersohn is the best in the business. If you want a lawyer who dedicates herself to your case, you have found the right place. She upholds the highest standards of professionalism and is also very personable and easy to talk to. 10/10, if I could leave more than 5 stars I would!
Having Marko Law handle my case was the best decision I made. Alex Kay was excellent; he understood what I have been through and fought for me every step of the way. His dedication guided my case to a successful settlement. I would recommend them for any legal support you need.
What a fantastic experience I had working with the firm. You made me feel like you cared about me and not about making money. The communication was amazing, and you kept me informed on all aspects of my case. I would 100% recommend you and your firm.
They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.
Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!
John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.
I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars!
Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice.
Marko Law exemplifies professionalism and diligence even in the most laborious cases. You truly feel protected and secure when handing Marko Law your vulnerability. They will always fight to protect your rights.
He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:)
Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again!
Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients.
Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team!
The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm!
I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.
Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!
The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.
Big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way, and trust me, that's a high compliment coming from me. John Eads and Gasper tag-teamed those negotiations like champs. I'll be sending clients your way for the foreseeable future.
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌
I've been working with attorney Michael Jones for two years and couldn't have asked for a more dedicated attorney. He has never given up on my case and continues to fight hard to make sure justice is served. I highly recommend him to anyone who needs a lawyer who will stand by you.
Michael Jones and his team have been nothing but kind, courteous and very knowledgeable on any question I have had. They always answer my questions and walk me through the process. I would recommend Marko Law and Michael to anyone who needs an outstanding law firm.
From intake through the entire process, Michael Jones and his team have been doing an excellent job representing me. Their timely responses have given me true faith in their ability. I truly feel I could not be better represented anywhere else. Thank you, Michael and Dae!
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
I wanted to offer some positive feedback regarding Melody, who answers the phone. I found her to be very polite, cheerful and empathetic. She went above and beyond to make sure I could talk directly to the person who could best help me, and my issue was successfully resolved.
Marko Law is excellent! My case was handled very well. I appreciate the time Alex Kay spent to ensure I received the maximum payout, and his paralegal Tracey was great too. I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted law firm!
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case, and his expertise has made a stressful situation feel much less daunting. He's been nothing but attentive and informative throughout the process.
Ariel Kellersohn is the best in the business. If you want a lawyer who dedicates herself to your case, you have found the right place. She upholds the highest standards of professionalism and is also very personable and easy to talk to. 10/10, if I could leave more than 5 stars I would!
Having Marko Law handle my case was the best decision I made. Alex Kay was excellent; he understood what I have been through and fought for me every step of the way. His dedication guided my case to a successful settlement. I would recommend them for any legal support you need.
What a fantastic experience I had working with the firm. You made me feel like you cared about me and not about making money. The communication was amazing, and you kept me informed on all aspects of my case. I would 100% recommend you and your firm.
They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.
Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!
John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.
I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars!
Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice.
Marko Law exemplifies professionalism and diligence even in the most laborious cases. You truly feel protected and secure when handing Marko Law your vulnerability. They will always fight to protect your rights.
He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:)
Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again!
Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients.
Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team!
The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm!
I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.
Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!
The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.
At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.
Ready to make your voice heard?
We’re not here to play games. We’re here to win.
