Affidavit legal definition: An affidavit is a sworn written statement made under oath before an authorized magistrate or officer of the court. These official court documents are generally composed of two parts: a section that contains the statement of facts, and a portion where the person providing the information affixes their signature, swearing it is true under penalty of perjury. The purpose of an affidavit is to get important details related to the case on the record.
These documents are then signed by a notary or other officer of the court. That signature and stamp signifies that the person making the affidavit – known as an affiant – was under oath.
It is important to note that while the official notary stamp makes an affidavit official, it does not necessarily make them true or enforceable.
Affidavits in Car Accident Injury Cases
Affidavits are used to help present evidence in court. They are especially helpful in car accident injury cases. If you’ve been injured in a car accident, a lawyer can help prove your case in court by tracking down witnesses and having them sign an affidavit regarding:
Details of the car crash they may have witnessed
Information related to weather conditions (rain, snow, or limited visibility)
Details about road conditions (potholes, confusing signage, poorly designed intersections)
Other information that could help prove your claim
Affidavits in Medical Malpractice Cases
If you’ve been the victim of a medical injury, a lawyer may utilize affidavits to help explain the nature of your injury and/or illness, as well as how it has – and will – affect you in the future. This could include information related to:
Past surgical procedures
Future medical needs
How your injury or illness has affected your life – from your ability to work to your ability to complete and enjoy everyday activities
Your attorney may also employ the help of an expert witness to help prove that you were a victim of medical malpractice. Expert witnesses can provide detailed affidavits explaining how your injury or illness was caused, and show how the medical provider, procedure or product is liable.
Affidavits in Personal Injury Cases
Affidavits are an integral part of any personal injury case. They help provide important background related to the accident that causes your injury, as well as who should be liable for paying damages for them. Affidavits are used in cases related to:
Slip and fall injuries
Nursing home injuries
Affidavits in Workers’ Compensation Cases
If you’re fighting to receive or retain workers’ compensation benefits after being injured at work – are you’re looking for a settlement so you can get on with your life – affidavits will be used in your case.
Your workers’ compensation attorney may ask you to fill out an affidavit to clearly lay out the details of your injury, how it occurred, and its effect on how you can do your job. It might also be necessary for your workers’ comp attorney to have others complete affidavits for your case, as well. Your medical provider, physical therapist, and supervisor may all be asked to make statements related to your case.
“If someone has a serious case, they will get a great effort and a great outcome working with us,” award-winning attorney Victor Pribanic of Pribanic & Pribanic told Best Lawyers Magazine.