In legal terms, an affidavit is a personal statement of facts in a written document, usually for the purpose of providing evidence in court. It must be a voluntary statement. The person making the affidavit often must confirm the statement via affirmation or oath. In some states, an affidavit is only valid when witnessed and notarized by a notary public.
A personal injury lawyer often will ask the victim to make an affidavit at the beginning of the claim or as the case progresses. When filing a personal injury lawsuit, the affidavit becomes part of the official record for the court. Key witnesses to the accident also may give an affidavit for the case. The affidavit ends up being very similar to the official verbal testimony that a witness would give during a trial.
How Creating an Affidavit Works
Anyone can create a written affidavit at any time or in any place. A lawyer does not have to be present when someone creates an affidavit, but someone must verify the document legally. At some point, the lawsuit information about the case needs to appear at the top of the document, although a lawyer can help the victim add this information.
The following are some of the key parts of the affidavit:
- Date of the statement
- Name
- Residential address
- The facts of the situation
- A signature
An affidavit often will have legal language that verifies the person is making the statement voluntarily. It also may include a statement that the person swears to the accuracy of the facts contained in the document. In the formatting, each paragraph has a number and usually discusses a single fact of the statement.
Formatting of an Affidavit
If a person creates the affidavit at home, the legal language, formatting, and phrases are unnecessary to include in the original draft. It should simply contain the facts. The lawyer can help add the necessary phrases later when someone on the legal team types up the statement and designates spaces for the notary to notarize and sign the document.
The affidavit is usually a short document that only discusses the most important facts. It should not have inflammatory or flowery language and should be free from opinions, assumptions, or generalizations. When describing a series of events, the events should be in chronological order.
Because this document will become an official part of the personal injury lawsuit or other legal case, it should be free of errors. The legal team can ensure complete accuracy when creating the final version of the affidavit.
Who Can Create an Affidavit?
State laws generally require anyone creating an affidavit to be at least 18 years old. If the case involves guardianship in a divorce or another family matter, the judge might allow the admission of an affidavit of a child under 18 years old. The person must be of sound mind to make an affidavit.
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Why an Affidavit Is Important in a Personal Injury Case
In personal injury lawsuits, affidavits often establish what witnesses saw regarding the accident. Independent witnesses giving an affidavit can generate important pieces of testimony in establishing fault. These statements are especially helpful after accidents where no video footage of the incident exists.
Family members, coworkers, and friends of the victim in the personal injury accident may provide affidavits, too. These statements help establish the level of the injuries and how they affect the victim’s day-to-day life.
How Personal Injury Lawyers May Use an Affidavit
During a court case, the affidavit gives judges key information for making decisions as a case progresses. It also gives the defendant and plaintiff an idea of what a person might say in a trial when giving official testimony. This information allows both sides to reassess the chances of winning the case or to look for areas where they may need to strengthen their investigation.
In some personal injury court cases, the judge may allow a lawyer to submit a witness’ affidavit as evidence. The person who created the affidavit might not have to testify in a trial. However, the opposing legal team may be able to argue that the affidavit is hearsay. If the judge agrees, the person who created the affidavit may need to testify in the trial, giving the lawyers a chance to ask questions.
What If the Affidavit Is Not True?
Once a person signs the affidavit and submits it to the court, it becomes legally binding. Because this is an official document that will be part of a court case, lying on an affidavit is illegal. Under the law, a purposeful lie in an affidavit is the same as lying under oath when giving testimony in a trial or before a judge.
Should someone knowingly lie on an affidavit, the court could impose penalties like fines, probation, or jail time. State laws vary on the types of penalties possible when someone submits an affidavit containing false information.
Working with a legal team can help ensure that the affidavit is true to the best of the person’s knowledge. Experienced lawyers know how to help witnesses remember facts without leading them toward potential biases or inaccuracies that could compromise the case. They can also ensure that every statement in the written affidavit is as clear and factual as possible.
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The Team at Accident Hotline Is Ready To Help
Although giving an affidavit in your personal injury case can seem intimidating, a personal injury lawyer can help. Accident Hotline helps victims in injury cases involving multiple practice areas, including truck accidents, car accidents, wrongful death accidents, property damages, and more.
Accident Hotline provides legal advice for injury victims after an accident. The firm streamlines the process of connecting you with an experienced attorney who can represent you in an injury claim. Accident Hotline can also provide guidance and clarification on your legal options regarding an affidavit or any other legal matters 24/7.
To learn more about what Accident Hotline can do for you, call (844) 343-9609 today for a free consultation.
For a free consultation, call 844-343-9609