What is an Affidavit? Use in Personal Injury and Workers Comp Cases

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. See Black’s Law Dictionary, 6th Edition. Often, an affidavit is a typed document stating facts perceived by a witness and notarized by a notary public.

How is an Affidavit Used in Personal Injury Cases?

Affidavits can be quite effective in helping to establish a personal injury claim. For example, our firm often utilizes affidavits from witnesses to a car accident. An independent witness may be able to state that the person causing the crash was seen drinking alcohol beforehand, or was driving recklessly just before impact. Other uses include affidavits from co-workers, friends and/or family members to help establish the extent of a person’s injuries. Getting an affidavit from a witness early on in a case can be especially helpful where such witness moves out of jurisdiction or even becomes deceased before a case goes to trial.

How is an Affidavit Used in a Workers Comp Case?

Affidavits are also helpful in workers comp Ohio BWC cases for the same reasons. An affidavit from a co-worker, for example, may help establish that an individual was injured while in the course and scope of his/her employment. Affidavits can also help establish that an injured worker is still suffering from a work-related injury.

McKenzie & Snyder LLP represented personal injury and workers’ compensation clients in Colerain, Hamilton, Fairfield, Reading, Forest Park, West Chester, Loveland, Amelia, Beechmont, Dayton, Fairborn and Ohio. For a free consultation with one of our experienced attorneys, please call 513-737-5180 or use the form.