Often times, successful lawsuits are a result of expert testimony. Now that the Frye standard has become the law in the state of Florida, those who are looking to take their cases to court are looking to learn more about this news. These matters were within the province of the Florida Supreme Court and thus subject to their decision making. The Florida Supreme Court has made their ruling and it is going to have a number of far reaching effects as it relates to the admissibility of expert witness testimony. The Daubert standard that was once used in these instances is no longer going to be applicable. Instead, the Frye standard will apply. A personal injury attorney in Florida is able to help clients make sense of these changes, and how it will affect their cases going forward.
Over the years, Florida courts have varied in their analysis of the admissibility of expert witness testimony. In the past, the Daubert standard was used. However, critics of the Daubert standard thought it to be too harsh, as it often limited someone’s ability to bring experts to court to support their position. Under the Daubert standard, all of the methods that were used by expert witnesses had to be supported by existing literature and considered scientifically reliable. There were many hurdles created that made it very difficult to prove a client’s case. Trial judges would often apply the standard and it often resulted in preventing important testimony from being heard by the jury. Daubert challenges also resulted in higher attorneys’ fees overall.
A Closer Look At The New Landscape
Meanwhile, the Frye standard aims to create a more helpful environment for clients. The scientific community is still relied upon under the Frye standard, but there is more wiggle room for a plaintiff to work with. It allows experts to testify based upon their applicable education, training and experience. Utilizing the Frye standard prevents trial judges from usurping the role that a jury is meant to play, and thanks to the change in standards, this is a problem that no client will have to deal with. Plaintiffs are no longer being forced to abandon claims because of unfair standards. A Jupiter Personal Injury Attorney can help you wade through these myriad of issues. To learn more about the Frye standard and the effects that these changes are going to have on a potential case, be sure to contact a top notch personal injury attorney in Florida. They will help clients make sense of it all.