The Evolution of the Daubert Standard & the Admissibility of Expert Witness Testimony
July 11, 2025 | Sagi Shaked | Personal Injury
Expert witnesses often play a critical role in personal injury accidents. Their opinions can help explain how an accident occurred, what caused a plaintiff’s injuries, or how much they may cost over time. However, not all expert testimony is treated equally in court. Judges must act as gatekeepers and decide what evidence is reliable enough to be shown to a jury.
This responsibility has evolved over time, and the turning point came in 1993 with a case called Daubert v. Merrell Dow Pharmaceuticals. The Supreme Court’s decision changed how courts across the country evaluate expert testimony and still shapes the outcome of injury lawsuits today. Continue reading to learn more about expert witness testimony and the Daubert Standard.
Before Daubert: The Frye Standard
For most of the 20th century, courts relied on the Frye standard to decide whether expert evidence was admissible. Under Frye v. United States (1923), expert testimony was allowed if the underlying scientific method was “generally accepted” by the relevant scientific community.
This standard worked well in some cases, but it had significant limitations. It sometimes included forms of evidence that weren’t necessarily supported by solid data. It also didn’t give judges much flexibility to weigh the reliability of the scientific principles in question, leading to concerns that unreliable testimony was being mishandled in courtrooms.
The Daubert Decision
In Daubert v. Merrell Dow Pharmaceuticals, the plaintiffs claimed that a prescription drug had caused birth defects. The trial court excluded their experts’ testimony, citing the Frye rule. The Supreme Court disagreed, holding that Federal Rule of Evidence 702 had replaced the Frye standard and that judges needed to do more than just ask whether a theory was “generally accepted.”
Essentially, under the Daubert Standard, judges must now assess whether expert testimony is:
- Based on sufficient facts or data
- The product of reliable methods and principles
- Applied properly to the facts of the case
The Court also provided a list of factors judges can consider, including whether the theory can be tested, whether it has been peer-reviewed, its error rate, and whether it has gained widespread acceptance.
How Daubert Applies in Personal Injury Cases
In personal injury litigation, expert witnesses can speak to many aspects of a case, such as accident reconstruction, medical prognosis, future care costs, and more. However, after Daubert, their opinions must pass a much more rigorous test.
Judges now screen expert reports before trial. If the methodology is weak or the conclusions are speculative, the testimony may be thrown out. This can have a major impact on a plaintiff’s ability to prove damages or causation. On the other hand, strong expert testimony that meets the Daubert Standard can help reinforce your claim and build credibility with a jury.
Contact the Miami Personal Injury Lawyers at Shaked Law Personal Injury Lawyers for Help Today
If your personal injury claim depends on expert testimony, the strength of that testimony could determine whether you win or lose. The Daubert Standard marks a meaningful departure from the previously incorporated Frye Standard, aiming to ensure that expert witness analysis and testimony are properly vetted.
An experienced Miami personal injury lawyer at Shaked Law Personal Injury Lawyers can help you find qualified experts for your case and defend their opinions against legal challenges. If you’re getting ready to file a personal injury lawsuit, make sure your attorney knows the rules for getting expert evidence admitted.
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