What is an Affidavit?
You can ask someone to sign an affidavit when you file a personal injury claim when you think they have important information that will support your claim. The “affiant,” the individual who provides the affidavit, swears under penalty of perjury that the facts are true before signing.
A personal injury attorney from our office will determine what has to be done to establish that you were the victim of another person’s negligence once you hire them. This could entail getting a witness to sign an affidavit.
When You Sign an Affidavit, What Happens?
Affidavit signing is a formal procedure. In most cases, the affiant’s words to your lawyer will be precisely reflected in the phrasing of the affidavit so that they will feel comfortable signing the final product. The final step is to sign the document in front of a notary public. The notary public notarizes that they saw the affiant sign the affidavit after they had taken an oath and done so.
Affidavits may contain information that the affiant knows to be true or may contain a version of events that the affiant believes to be accurate, such as what they claimed to have witnessed at a crash site in a case involving a car or truck. Your motorvehicle accident lawyer may ask witnesses to sign an affidavit when they gather evidence of the other party’s negligence.
When Does a Personal Injury Accident Lawyer Use an Affidavit?
Affidavits are helpful tools, but they are not seen as being as reliable as sworn testimony, such as that provided in a deposition or during a trial. The benefit of testimony is that both sides’ counsel can question and cross-examine the witness, and the questions must adhere to guidelines that the judge can enforce. An affidavit is just a signed document; therefore, neither party may inquire about its contents or request clarification.
As a result, affidavits are rarely utilized in court proceedings unless absolutely essential. They are frequently used in pre-trial hearings to illustrate what a witness is likely to testify to if the matter goes to trial. This enables a fast evaluation of the material by both sides without the need for a formal deposition process.
An affidavit may be used in court on occasion, such as when a witness is no longer available; nevertheless, the opposing party may challenge it.
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