In a ruling that will have a major impact on all Florida personal injury lawsuits, the Florida Supreme Court has rejected a more stringent standard of evidence known as the Daubert Standard, in favor of the less restrictive Frye Standard that it followed for years.
Florida legislators in 2013 voted to alter the Florida Evidence Code to a switch from Frye to Daubert, and Gov. Rick Scott signed that measure into law, with favor from the defense bar and big business clients. However, the courts never formally followed suit, and it seems with this ruling, they don’t intend to do so. The court cited constitutional concerns.
We recognize legal discussions on evidence standards can sound like dry jargon. But here’s the reality: It’s likely to have a direct impact on your Fort Myers injury lawsuit. The reason is that the Daubert requires a higher standard of proof just to get a foot in the door. That can mean your case could be killed before it ever even gets started, which plaintiff attorneys like us view as an issue of access to the courts. Specifically, Daubert involves the admissibility of expert witness testimony. That’s not to say “Frye” is a free-for-all, by any means. However, it does give you a better chance of getting your valid case in front of a judge and reaching a favorable solution. Continue reading →