When you need to present a strong case in a car accident matter in New York, having expert testimony to support your version of the story can tip the scales in your favor. However, did you know that there is a standard that their evidence must comply with? It is called the Frye standard, and it makes sure that the evidence presented by an expert remains credible and permissible in court. 

We at Gabriel Law have represented many car accident victims as their injury lawyer in Brooklyn, and we understand how important the Frye standard can be to making or breaking a case. In this blog, we’ll be taking a closer look at the Frye standard and how it can influence the strength of your evidence and your right to claim fair compensation.

What is the Frye Standard?

The Frye standard is the standard that any evidence presented in court under the banner of “expert evidence” must comply with for it to be considered in trial. This test was established in the case of Frye v. United States (1923). 

In this murder case, the prosecution sought to admit as evidence the readings from a systolic pressure deception test, a precursor to the polygraph. However, the court ruled the results inadmissible and ruled that expert evidence can only be admitted only if the scientific principle, discovery, or theory was “sufficiently established to have gained general acceptance in a particular field in which it belongs.” For this reason, it is also referred to as the ‘general acceptance standard.

However, the key takeaway is that the Frye standard focuses on the method and not the end result. Therefore, whenever expert evidence is presented, the side presenting the evidence must show that the method used to obtain the result has been generally accepted by the scientific community of that particular field. 

New York, California, and Illinois are the only states that continue to use the Frye standards, as all other states have switched to the Daubert standard introduced in the case of Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993).

How can the Frye standard influence your evidence?

Due to the focus on the methodology, there is the possibility that evidence derived from novel and experimental methods may be rejected if it has not been accepted by the wider scientific community of a particular field at the time the evidence is presented. 

Since the Frye standard places a heavy emphasis on the methodology, the general strategy when presenting expert evidence is to focus on evidence that is based on principles or methods that have been generally accepted by the greater scientific community. As such, if you are presenting new evidence, it would be better to do so in a supporting role rather than making it the lynchpin of your case.

How can we prepare witnesses and evidence in Frye jurisdictions?

Since expert evidence can play a defining role in the success of your case, you need to prepare thoroughly, and as part of ensuring compliance with the Frye standard, you must:

• Choose the right expert witness: The credibility of your expert witness is an important factor you must consider. Try to choose a professional whose scientific methodology aligns with widely accepted standards and also someone who has had experience testifying in court. 
• Improve your own knowledge on the methodology: While you do not need to become an expert, reading up on relevant scientific evidence can help you understand the strengths and weaknesses of your case. 
• Anticipate challenges and prepare counterarguments: If you are planning on presenting novel expert evidence, you will most certainly be challenged on it by the opposing counsel. Therefore, anticipate what sort of arguments the other party might present and prepare your own counterarguments to strengthen your position. 
• Collaborate with the expert to give clear and simple explanations: Expert witnesses possess specialized knowledge that the judge and jury may not have. Therefore, work with your expert to present complex principles in the simplest way possible. Clear and simple explanations are greatly appreciated by judges and juries.

Conclusion 

In a New York courtroom where an expert witness takes the stand, the Frye standard, or general acceptance standard, prevails and determines if their testimony will hold up in court. At Gabriel Law, our team understands the importance of overcoming this evidentiary challenge to secure your compensation. As your accident injury lawyer in Brooklyn, we determine whether your case needs expert witnesses, select the right ones, and build your case on the strong evidence available. Contact us, schedule your free consultation, and let’s get started on recovering the compensation you deserve.