Q: What is the worst thing that can happen if I don’t sign the affidavit request from the other party’s attorney?

A: If you don’t sign the affidavit requested by the other party’s attorney, a few things could potentially happen. First, the attorney might take that as a refusal to cooperate, which could slow down the process and make them more aggressive in pursuing claims against you. They could take formal legal action to compel you to provide information, which might involve a subpoena or other court orders. Ignoring the request or refusing to engage could also paint you in a bad light during any future legal proceedings, especially if they argue that you are being uncooperative.

That said, you have every right to feel uncomfortable signing something you’re unsure about. An affidavit is a sworn statement, and signing it under oath means that everything you declare must be true, or you could face legal consequences for perjury. If you’re not comfortable or don’t fully understand what you’re being asked to sign, it’s wise to consult with your own attorney before making any decisions. Your lawyer can review the affidavit, explain what you’re being asked to agree to, and make sure it’s in your best interest to sign. The worst thing would be signing something you don’t fully understand or being forced into making statements that could harm your position later on.

A: I don't blame you. An affidavit from the opposing attorney is rarely something meant to help you. It sounds like you are the defendant here. That would mean your insurance carrier will be arranging defense counsel for you. Review the affidavit request with them. As my colleague advises, it's possible that refusal could result in escalating the other side to take additional measures. Short answer is to review the affidavit with the attorney assigned to you. Good luck