A sworn statement (sometimes called an affidavit or sworn declaration) is a document where you can write down all of the facts for your legal matters. You can use the first-person language in these statements to affirm that what you’re saying is true.
The people who create these statements are usually called the affiants.
After you finish writing your statement, you’ll need to sign it in front of a notary public. Notaries are the people that your state allows to witness signatures and give oaths. When you sign in front of them, you’re promising that everything in your document is true to the best of your knowledge.
You’ll find many different types of sworn statements used in legal work. The type you need depends on the legal matter that you’re handling. Lawyers and courts usually use these statements as written evidence during court cases. You should always ask a legal professional which type fits your situation best.
How Are Sworn Statements Used in a Personal Injury Case?
Sworn statements make your personal injury case stronger when you need to show what happened. You can use them to explain the accident facts, to show how badly you were hurt, or to include what the witnesses have observed.
After a car accident, you might give a sworn statement in court that covers all of the basics. These statements can include where it happened, what time it was, and how the weather looked. They can also include what the other driver did. Your doctor can give you a statement about your injuries, their likely causes, and your expected recovery timeline.
When someone slips and falls at a grocery store, the sworn statements can become a helpful part of building their case.
The person who fell can give a statement that walks through the entire event. They can explain how they slipped on the puddle that shouldn’t have been there in the first place.
A witness who saw everything can back up this story with their own statement. They may mention seeing the wet floor with no warning signs anywhere nearby.
Your treating doctor can provide the medical facts in their statement. They can describe your injuries and share their professional opinion on if the fall caused them. They also explain what treatments you have received or should get. This medical input connects your injuries directly to the accident, which is essential for your claim.
When you gather these sworn statements, you can then build supporting evidence for your personal injury claim. They list all of the facts and support your case for why you should get money for your injuries. Try to collect these statements once possible while the witness’ memories are still fresh.
These firsthand accounts work very well in court because they give an explanation from the people who were involved in the incident.
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What Legal Issues with Sworn Statements Should I Know About?
You need to keep a few legal things in mind with sworn statements. Perjury charges can happen if you’re not truthful. When you sign a sworn statement or affidavit, you’re telling everyone that your information is accurate to the best of your knowledge. If you knowingly give false information, you might run into perjury charges, which can mean fines or even prison time.
Let me share an example with you here. John got into a car accident. He was speeding, which made him rear-end the car in front of him. The other driver, Mary, ended up with a whiplash injury.
After the accident, John gave a sworn statement to his insurance company to defend himself. He falsely claimed that Mary suddenly braked, when he had actually caused the accident. John’s friend, who wasn’t even there when it happened, also gave a sworn statement to support John’s story. Later on, some security footage from a nearby building showed John speeding and hitting Mary’s car without any sudden braking from Mary.
John and his friend made false statements under oath. They knowingly lied. That counts as perjury. If someone discovers their dishonesty, they could be looking at fines or jail time. This would also damage John’s insurance claim and hurt their credibility for any future testimonies they might give.
Notarization can add another layer of validity to your sworn statements. You’ll need to sign your statement in front of a notary public who then checks your identity and makes sure you’re signing without any pressure.
Say Alice was bitten by a dog and made a sworn statement for her injury case. She writes down all of the facts , including when and where it happened, what caused the attack, and facts about her injuries. The notary watches her sign, then stamps the document with their official seal. Now Alice has a notarized statement that she can use as evidence which makes her story more believable in court.
Your statement also needs to follow the (requirements to be accepted by the court (relevant and admissible). When you add any irrelevant information, it can weaken your case or cause parts of your statement to be thrown out.
See Bob, who’s suing a construction company for an injury at their site. In his sworn statement, he describes the unsafe conditions, what caused his injury, and facts about the injury itself. But, he also includes his opinions about the company’s business practices and mentions past legal problems that have nothing to do with his case. The court excludes those points as being irrelevant. Bob’s statement can become less helpful because he included information that didn’t directly relate to his injury. If he had stuck to just the relevant facts, his statement would have been stronger. You should keep your statements focused on the facts that directly support your claim.
Do I Need a Lawyer for Assistance with Sworn Statements?
When you work with a lawyer, it makes the handling of sworn statements quite a bit easier for you.
This applies to personal injury cases as well. A personal injury lawyer in your area can help you put together clear statements and get them notarized for you. They can tell you about what these statements might mean for your case later on.
The right sworn statements can strengthen your personal injury claim. You don’t have to get through this entire process by yourself when there are people who can help you.
Our team at LegalMatch can link you up with a good personal injury lawyer in your area who knows all of the local rules well.
Your case needs someone to look out for it – so give yourself some time now to find a lawyer that works best for you through LegalMatch.
