KEY TAKEAWAYS:
- Affidavits in personal injury cases are typically valid only when sworn before an official or notary.
- Courts, lawyers, and insurers often prefer notarized affidavits over unsworn declarations.
- Notarization verifies identity, builds legal credibility, and strengthens evidence in a personal injury case.
Audio Summary:
If you take part in a personal injury claim, you may need to submit an affidavit.
Personal injury lawyers and insurance companies use affidavits to confirm facts in car accident and medical malpractice cases.
But what does an affidavit actually require?
An affidavit is valid only when you swear or affirm it in front of a notary or other official.
If you do not swear or affirm the document in front of an official, it usually does not count as an affidavit. Some laws allow an unsworn declaration instead.
This guide shows when you need notarization, when you can use an unsworn statement, and how an online notary can help.
Is Notarization Always Required?
Often, yes.
Courts, lawyers, and insurers often prefer notarized affidavits, even though modern rules sometimes allow unsworn declarations instead.
Many affidavits sometimes include a jurat. A notary signs the jurat to show you appeared, showed ID, and swore that your statement is true.
If a document is an affidavit, you should expect to notarize it or swear to it in front of an official.
Sometimes, no.
Some courts now accept unsworn declarations.
For example:
- Federal courts accept written declarations under penalty of perjury under 28 U.S.C. § 1746. These can replace a sworn affidavit in many cases.
- Since January 1, 2024, New York civil courts accept written affirmations under penalty of perjury. When they use the required wording, they work the same as an affidavit.
People can use unsworn declarations in many cases if the declaration follows the rules.
…Unless they specifically mention using an unsworn declaration under a statute like 28 U.S.C. § 1746 or CPLR 2106
Why Notarization Matters in Personal Injury Cases
Even when the law doesn’t require it, notarization plays a major role in personal injury law.
Injury lawyers and insurers often ask for notarized affidavits in cases with:
- Medical bills
- Emotional distress
- or economic damages.
Notarization helps because it:
1. Verifies identity
A notary confirms the signer’s identity. This helps prevent fraud and protects the integrity of the case.
2. Builds legal credibility
Courts give more weight to a sworn and notarized affidavit because you make it under oath.
3. Strengthens evidence
If a witness cannot appear in court, a notarized affidavit preserves their testimony.
Platforms like NotaryLive let attorneys, clients, and witnesses notarize documents quickly and securely.
When Can You Use an Unsworn Statement Instead?
You may use a declaration instead of a notarized affidavit when:
- A court rule specifically allows it.
- You file in federal court and use the correct § 1746 wording.
- All parties agree to use a simpler format to save time.
Still, use caution. If someone asks for a sworn affidavit or notarized statement, a non-notarized document may cause delays.
How to Create a Notarized Affidavit for a Personal Injury Case
Follow these steps to stay compliant with court rules and insurer requirements:
1. Format the affidavit correctly
Include a case caption, numbered paragraphs, and clear facts based on personal knowledge.
This applies to cases that involve car accidents, medical malpractice, workplace injuries, and more.
2. Add a jurat
This is the notary section confirming you swore or affirmed the statement.
3. Use a trusted notary
An online notary service like NotaryLive lets you notarize documents from anywhere. This helps when an injured person cannot travel.
4. Keep a copy
Courts, insurers, or your personal injury attorney may request it later.
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The Bottom Line
If you work on a personal injury case and someone requests an affidavit, assume they want a notarized document. Notarization adds credibility, confirms identity, and reduces disputes, even when the law does not require it.
Tools like NotaryLive help law firms, insurance carriers, and individuals notarize affidavits quickly, securely, and in full compliance; anytime and anywhere.
About NotaryLive
NotaryLive is a trusted online notary and eSign platform that helps professionals complete notarized documents securely and efficiently.
NotaryLive helps law firms, insurers, and clients notarize personal injury documents quickly and correctly.
**Legal Disclaimer – We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.
Frequently Asked Questions
When do you need to notarize an affidavit?
Not always. Some courts allow unsworn declarations. But if someone asks for an affidavit, they usually want it notarized to avoid disputes.
Can I sign a statement under penalty of perjury instead?
Sometimes. Federal law and some state laws allow it, but many insurance companies and attorneys still prefer notarized documents.
Why do insurers and PI lawyers want notarized affidavits?
They use notarization to verify identity, reduce fraud, and create stronger evidence for settlement negotiations or litigation.
