Affidavit Legal Definition Under Georgia State Law

Affidavit: An affidavit is a written statement that is sworn to be true. In civil cases, affidavits are used as evidence in pre-trial proceedings and occasionally at trial.

When you file a personal injury claim and you believe that someone has key information that will help your case, you can ask that person to sign an affidavit. Affidavits are documents that contain statements that are sworn to be true. The person who gives the affidavit, known as the “affiant,” takes an oath that the statements are accurate before signing.

Signing an affidavit is a formal process. Generally, the wording of the affidavit will be based closely on statements the affiant makes to your lawyer, so that they will feel confident signing the finished product. The document must then be signed in front of a notary public. The affiant swears their oath and signs the affidavit and the notary public notarizes that they witnessed this signing. Affidavits can include facts the affiant knows are true, or they can contain a version of events the affiant believes to be true—such as what they think they saw at an accident scene in a car accident or truck accident case.

Affidavits are useful tools, but they are not considered as strong as sworn testimony, such as that given during trial or in a deposition during discovery. The advantage of testimony is that attorneys on both sides get to examine the witness and ask questions, and the questions are subject to rules that the judge can enforce. Since an affidavit is simply a signed document, neither side can ask questions or clarify what it says.

Because of this, affidavits are not used in trial unless absolutely necessary. They are typically used during pre-trial proceedings, as a way to show what a witness will likely say in court if the case proceeds to trial. This allows both sides to quickly evaluate the evidence without a formal deposition process.

Sometimes, such as when a witness is no longer available, an affidavit will be used in trial—but it may be challenged by the other side.

Have you been injured? John Foy & Associates offers a free consultation with some of the most experienced and respected personal injury lawyers in Georgia. Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.

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Nearly $1 Billion in Settlements and Verdicts

$75,000 While traveling North on GA 92, our client Q.E. was struck in the rear while slowing for traffic. Our client suffered back injuries.

$100,000 Our client R.S. was a passenger in a vehicle traveling West Bound on Akers Mill Road at Powers Ferry Road when a Dodge Dakota turned left in front of the vehicle causing a collision. Our client was transported by Metro Ambulance to Southern Regional with back injuries.

$100,000 While traveling South on GA 61 South of Rock Creek Drive a truck exited the Murray County Landfill turning into the path of our client E.G. upon impact the truck spun striking our clients vehicle sending her off the left side of the roadway where she struck a guardrail with her front-end coming to an uncontrolled rest. Our client was transported by ambulance with multiple injuries where immediate surgery was necessary.

$100,000 While traveling on US Highway 80 at Ladonia Drive our client W.C. was struck by a vehicle failing to yield the right of way. Our client was transported by CARE Ambulance to Columbus Medical Center with severe injuries.

$105,000 Our client S.W. was a passenger in the rear seat of a vehicle that was traveling Northwest on North Druid Hills Road entering the intersection at LaVista Road. The driver of the vehicle veered out of its lane leaving the roadway as it was exiting the intersection the vehicle struck a traffic light pole, which spun the vehicle around coming to a final rest. Our client was seriously injured and was transported to Grady Memorial Hospital.

$125,000 While traveling North Bound on Burnt Hickory Road a van pulled into our clients J.R.’s lane causing an immediate impact. Our client was transported to Cartersville Medical Center with injuries to the lower extremities.

$128,500 While traveling East on Highway 138 an SUV turned directly in front of the vehicle in which our client D.C. was a passenger. Our client was transported by MED 5 to Atlanta Medical Center with chest, back and leg injuries.

$150,000 While stopped at a red light waiting to turn left at 10th Street and Monroe Drive our client D.W. was struck by a tractor trailer that was turning right onto Monroe Drive. The tractor trailer’s left rear side struck our clients vehicle on the right side. Our client suffered shoulder and lower back injuries.

$174,000 While traveling North on Highway 92 our client S.P. slowed down for a vehicle turning left onto Seay Road and was struck in the rear from behind by a vehicle that was traveling at a high-rate of speed. Our client S.P. was transported by MEDIC 42 to Piedmont Fayette Hospital with injuries.

$200,000 When traveling on Peachtree Industrial Boulevard our client E.A.’s vehicle broke down at the intersection of Jones Mill and Peachtree Industrial Boulevard. Our client E.A. exited the vehicle and was standing next to it when at a high rate of speed a vehicle came from behind swerving and struck our clients body. Our client was transported to GMC Lawrenceville for injuries.

$225,000 While our client C.L. was driving in the center lane a tractor trailer attempted to change lanes into the center lane striking our client. Our client was treated for injuries.

$225,000 While traveling North on Hickory Flat Highway our client J.P. stopped from traffic and was rear-ended by another vehicle. Our client suffered neck and back injuries.

$250,000 While traveling as a passenger South on Helen Highway a vehicle turned in front of the vehicle that our client B.W. was a passenger, pushing the vehicle into a stopped car. Our client was transported by ambulance to NE Georgia Medical Center with shoulder and abdominal internal injuries.

$250,000 While traveling North on Georgia 61 in the left lane our client J.H. was struck by a vehicle turning left that pulled out into his path. Our client’s vehicle rotated approximately 180 degrees counterclockwise and then backwards approximately 99’5” before traveling onto the East shoulder coming to a rest facing West. Our client was transported by Emory Life Flight with multiple internal injuries.

$265,000 While traveling on 285 North, our client K.H. was struck by a vehicle spinning out of control. Client suffered shoulder and neck injuries.

$270,000 While traveling South on GA 87, our client stopped to make a left turn. Upon stopping, a tractor trailer traveling behind was unable to stop striking our client in the rear. After impact our client came to an uncontrolled stop South of the impact area. Our client was transported by EMS Air to Macon Medical with Spinal Injuries.

$280,000 While traveling EB on Upper Riverdale Road our client was stopped at a light that had turned red. Upon stopping our client was rear-ended by a tractor trailer. Our client was transported to Southern Regional Medical Center due to head, neck and back injuries.

$300,000 While traveling East on I-20 in the middle lane a vehicle merged left into our client E.D.’s vehicle causing him to swerve left losing control, hit another vehicle and a guardrail. Our client was transported by Life Flight to Atlanta Medical Center with multiple injuries.

$300,000 While traveling N on SC187, our client was a passenger in a vehicle that had stopped for traffic and a vehicle that was driving too fast for conditions swerved and hit the vehicle in which our client was a passenger. Our client was transported by ambulance to AnMed Health Emergency Department with injuries to her head, neck, shoulder and ankle.

$300,000

Our client B.W. was driving East Bound on Honey Creek Road passing through the intersection at I-20 when a vehicle pulled out of a parking lot at the corner of the intersection and struck our client’s vehicle. Our client suffered back injuries that required surgery.

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