What is an Affidavit? Use in Personal Injury and Workers Comp Cases
Defining an Affidavit
An affidavit is a formal written or printed declaration of facts. It is made voluntarily and confirmed by the oath or affirmation of the person making it. This oath or affirmation must be taken before someone authorized to administer it.
An affidavit is a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation.
Black's Law Dictionary, 6th Edition, provides this definition. Typically, an affidavit is a typed document outlining facts observed by a witness and then notarized by a notary public.
Affidavits in Personal Injury Cases
Affidavits are very effective in supporting a personal injury claim. For instance, our firm frequently uses affidavits from witnesses to car accidents.
Witness Accounts of Accidents
An independent witness might state that the at-fault driver was seen drinking alcohol before the crash or driving recklessly just before impact. These statements can be crucial in establishing liability.
Documenting Injury Extent
Other uses for affidavits include statements from co-workers, friends, or family members. These affidavits help establish the full extent of a person’s injuries and how they impact daily life.
Importance of Early Affidavits
Obtaining an affidavit from a witness early in a case can be particularly helpful. This is especially true if the witness moves out of the jurisdiction or passes away before the case goes to trial, preserving their testimony.
Affidavits in Workers' Compensation Cases
Affidavits are equally useful in Ohio Bureau of Workers' Compensation (BWC) cases for similar reasons.
Establishing Work-Related Injuries
For example, an affidavit from a co-worker can help confirm that an individual was injured while performing duties within the course and scope of their employment. This is vital for proving a workers' comp claim.
Proving Ongoing Suffering
Affidavits can also help demonstrate that an injured worker continues to suffer from a work-related injury. This evidence supports claims for ongoing benefits and medical treatment.
