Updates on the Standard Regarding the Expert Witnesses That Are Important to Your Personal Injury Case

Every personal injury case requires a variety of evidence in order to prove that you were injured the way you claim you were. Additionally, even after negligence and liability are determined, the evidence you present as the injured party determines the compensation you are entitled to. One of the best ways to help you prove your case can be the involvement of witnesses. While not every case requires a witness, many personal injury cases can be made stronger with the testimony of a witness who was either present when you were injured or who can offer an opinion from a position of expertise. In particular, expert witnesses can be extremely important.

What Should I Understand About the Return to the Daubert Standard for Evidence by the Florida Supreme Court?

Earlier this year, the Florida Supreme Court once again changed the standard regarding expert witnesses as it has in the past. The bottom line of this is that it is now harder for injured plaintiffs in Florida to win their cases.

But why?

Because of the Daubert standard. The issue of the Daubert standard versus the Frye standard has long been a point of contention for law students around the country – now it’s a problem for plaintiffs in the Sunshine State.

What’s the Difference Between the Cases?

Both of these U.S. Supreme Court cases created standards for expert witnesses. The 1923 decision in Frye v. U.S. provided that an expert opinion on a scientific technique can be admitted into evidence if it can be proven as accepted within the relevant scientific community.

In contrast, the Daubert standard that was established several decades later and outlined a three-part test in Daubert v. Merrell Dow Pharmaceuticals, Inc. The Daubert standard requires consideration of whether:

• The evidence is based on adequate facts or data
• The evidence is produced with reliable scientific methods and principles
• The expert witness has applied those methods and principles to the facts of the case at hand appropriately

Why is the Daubert Standard More Challenging For Plaintiffs? 

• There is heightened scrutiny of experts. This is a much more rigorous standard because it rests largely on objective evidence instead of what the expert has learned first-hand during his or her years of experience.
• It’s more expensive. Because there’s a heightened scrutiny of experts, that means that plaintiffs and their counsel have to invest more money in doing research to ensure that an expert can pass this scrutiny.
• It takes longer. For similar reasons to the financial aspect, making it harder for an expert to be deemed as one means that more time will likely pass while this process is taking place.

Are You Looking for a Dedicated Attorney to Help You Prove Your Claim? 

After an injury, the last thing you ever expect is to file a lawsuit. But, if you have suffered from a serious injury or loss because of the negligence of another person, then you need an attorney to represent your case and your rights, especially in lieu of current legal standards. The good news is that you may be entitled to recover for your injuries in the form of compensation for your injuries, including medical expenses, lost wages, and pain and suffering. As the South Florida personal injury lawyer of Leifer & Ramirez, we are experienced at helping victims just like you receive compensation for their injuries and losses. Contact us today for a free consultation regarding a legal issue or potential case.

Resources:

law.ufl.edu/_pdf/faculty/little/topic8.pdf

floridasupremecourt.org/content/download/525509/5838164/file/sc19-107.pdf

https://www.leiferlaw.com/injuries-from-unexpected-accidents/