Affidavit

Definition

An affidavit is a written statement of facts that a person (called the affiant) makes voluntarily and confirms under oath or affirmation before a notary public or other authorized official. Unlike casual written statements, an affidavit carries legal consequences—making false statements in an affidavit constitutes perjury, a criminal offense. The document typically concludes with language certifying that the statements are true and correct to the best of the affiant’s knowledge.

How It’s Used in Personal Injury Cases

Affidavits serve multiple purposes throughout personal injury litigation. Attorneys use them to obtain sworn documentation about insurance coverage limits before accepting settlement offers. Plaintiffs may submit affidavits opposing defense motions, such as motions to strike a default judgment when an insurance company fails to respond to a lawsuit on time. Witnesses who cannot attend court proceedings can provide their testimony through affidavits. Insurance adjusters sign affidavits confirming policy details, and treating physicians may provide affidavits supporting the connection between an accident and your injuries.

Practical Example

After filing a lawsuit, your attorney serves the complaint on the defendant, who has 20 days to respond. If the insurance company fails to file an answer within that timeframe, your attorney can file for default judgment. To support this motion, your attorney prepares an affidavit documenting all correspondence with the insurance adjuster—every letter, email, and phone call over the preceding months—establishing that the insurance company had ample opportunity to respond. This sworn statement helps convince the court that the default should stand and that the defendant’s negligence in responding warrants judgment in your favor.

Why It Matters to Your Case

Affidavits provide powerful evidentiary support because they are sworn statements subject to perjury penalties. When you need to establish facts without a full hearing—such as proving that the insurance company ignored your settlement demands or confirming that no additional coverage exists—affidavits create an official record. Courts give considerable weight to affidavits because the person signing stakes their credibility and potentially their freedom on the truth of their statements. For more information about sworn statements in legal proceedings, you can review the Cornell Law School’s overview of affidavits.

Key Takeaway

An affidavit is a sworn written statement that creates an official legal record of facts. In personal injury cases, affidavits document everything from insurance coverage to the circumstances of your accident, and their sworn nature makes them powerful evidence.