Why Daubert And Frye Standards Matter To Expert Witnesses

Skip to main content

• Home
• Knowledge Center
• Articles

Legal, Subrogation Why Daubert and Frye Standards Matter to Expert Witnesses Bruce Barnes, MS, PE 01 July 2019 Article

Whether a jurisdiction applies Daubert, Frye, or another standard, the ultimate question for an expert or claims professional, is whether their retained expert's testimony will be admissible in court. Understanding the "ins and outs" of Daubert and Frye is second nature for attorneys, but for an expert or claims professional, fully understanding these standards can be a different story. And moreover, a lack of familiarity with these standards can not only prove to be problematic for experts, but also, and potentially more so, to the client.

We discuss this in more detail in our recent whitepaper.   An Overview of the Standards In short, the Daubert Standard is used by a judge to determine if the expert's methodology was scientifically valid. The Frye Standard concludes whether or not the method used to determine opinion is generally accepted by experts in the particular field.

The responsibility (or Standard of Care) to provide expert opinions and testimony lies with one person: the expert.

If operating outside of this mindset, experts might find themselves labeled a "hired gun," continuing the "because I said so" mentality instead of allowing only the most qualified experts to provide testimony. Experts that garner the most respect and trustworthiness in their respective industries are those that recognize their strengths, weaknesses, and most importantly, are transparent to these attributes. These experts are the most effective as they stay within their 'sandbox', elevating expert witnesses collectively as a group and as a profession.

Download the whitepaper to read more and learn:

• What each method means and what states require which standard.
• Why experts need to qualify themselves for a case.
• How experts can end the "hired gun" mentality

Has a recent catastrophe affected you?

Our experts are ready to help.

Get In Touch Share

• Facebook
• Twitter
• LinkedIn

Print or Download Print Download About The Author Bruce Barnes, MS, PE Technical Director Civil/​Structural

Mr. Bruce Barnes is the Technical Director of the Civil/Structural division with over 35 years of engineering experience. He has investigated, tested, and analyzed failures ranging from snow load failures of residential structural systems to the catastrophic collapse of a 2,000-foot tall television tower and the circumstances leading up to the explosion of a $500 million power plant loss. 

Learn More About Bruce Back to the Knowledge Center

Related Resources

Article Never Say Never: The Benefits of Video Data Recovery for Claim and Legal Professionals The recovery of video data stored on various technologies, such as Digital Video Recorders (DVRs) or Network Video Recorders (NVRs), can be the difference... 02 June 2021 Article Emerging Technologies and Data in Claims and Litigation In recent years, technological innovation has both improved and disrupted our everyday lives, especially for those involved in claims and litigation.... 11 September 2020 Article Data Collections: Critical Link in Protecting Organizations Before and During Litigation If a situation arises where litigation is even a remote possibility, it is in an organization's best interest to ensure that the collection of digital data is... 16 October 2020 How Can We Help You?

We have experts in multiple disciplines all around the world. Talk to us and we'll help you find the right expert for the job.

Contact Us Content Us Search ×Close Explore Our Site

Our job is to solve complex problems for our clients, in the face of a disaster. We serve business owners, small and large, no matter where they are in the world, and no matter what problem they are facing.

Quick Links Webinars Locations Experts Careers Contact