Evan D. Lubell
Top rated Personal Injury attorney in Fort Myers, Florida
Practice Areas:
Brain Injury,
Medical Devices,
Motor Vehicle Defects,
Premises Liability - Plaintiff,
Trucking Accidents,
Wrongful Death
Education Qualification:
Rutgers School of Law - Camden
Practice Areas:
Brain injury,
Medical devices,
Motor vehicle defects,
Premises liability - plaintiff,
Trucking accidents,
Wrongful death
2222 Second StFort Myers, Florida, 33901
First Admitted: 1993, New York
Professional Webpage: https://lawdefined.com/lubell/
Bar / Professional Activity:
- Member, Lee County Bar Association
- Member, Florida Justice Association
- Past President, Cape Coral Bar Association
- Past President, Southwest Florida Trial Lawyers Association
- President, American Board of Trial Advocates, Southwest Florida Chapter
- U.S. District Court Middle District of Florida
- New York, 1993
- Florida, 1994
- New Jersey, 1993
Verdicts / Settlements (Case Results):
- $23,000,000.00 Electrocution Judgement. Dominguez v. Fla. Power & Light Co. This case arises from a tragic accident. On December 19, 2011, fifteen-year-old Justin Dominguez was climbing a tall stalk of bamboo in his neighbor's backyard. The stalk bent into a power line, resulting in Justin's electrocution and eventual death. The boy's mother, Tricia Dominguez, filed a wrongful death action against FPL, the party responsible for the power line. She alleged that FPL was negligent because it failed to follow its own maintenance and safety standards when it failed to remove the bamboo, a fast growing and uncontrollable plant, from the area near the line. She further alleged that FPL had been warned about the bamboo at the accident site but still failed to remove it. As a result of this negligence, she argued that FPL created a dangerous safety hazard that ultimately claimed her son's life., 2016
- $950,000.00 Giordano v. Sch. Bd. of Lee Cnty. $650,000.00 over Cap. This case involves the tragic death of a Riverdale High School football player following summer football practice. Together with claims for negligence and wrongful death, plaintiff Laurie Alice Giordano individually, and on behalf of the estate of her son, Zachary Tyler Martin-Polsenberg, brings two claims under 42 U.S.C. § 1983 against defendants James Delgado and the School Board of Lee County ("defendants") for alleged violations of Zachary's substantive due process rights under the Fourteenth Amendment to the United States Constitution. In short, the plaintiff alleges that Coach Delgado and the School Board's actions constituted deliberate indifference to the health and safety of Zachary., 2020
Videos:
- In 2011, Evan D. Lubell became senior partner, joining Frank Aloia and Ty Roland to lead the firm. Lubell's practice focuses on managing serious personal injury and wrongful death matters from beginning to end. Like many Floridians, Evan was born and raised in the Boroughs of New York City and made his way south to Fort Myers in the Spring of 1994. During the next 10 years, Lubell gained a reputation as a formidable trial attorney in cases of personal injury and wrongful death and rose to become a partner in a well-known Cape Coral law firm. During this time, Lubell increasingly took on injury and death cases that other attorneys deemed, “too complicated” or the corporation at fault “too powerful.” Facing a growing number of trials against industry giants, Lubell teamed up with Ty Roland who, like Lubell, was gaining a reputation for excellence in the courtroom. This collaboration resulted in a string of stunning trial victories for Lubell’s clients with awards in the millions of dollars—and that partnership in justice continues to today. In 2017, according to TopVerdict.com, Lubell and his co-counsel, Ty Roland, won the No. 1 Premises Liability Verdict in Florida. The Estate of Dominguez v. Florida Power & Light Co. case was fought and won after the Dominguez family lost their 15-year-old son who was electrocuted while climbing bamboo near power lines in 2011. Among his other notable successes, he refused to accept a ridiculously low settlement offer from Walmart regarding a client's slip-and-fall accident. He took the matter to court and, along with his legal partner, was able to secure one of the largest verdicts ever awarded in Lee County for this type of claim. He has also obtained a verdict of $2.1 in a premises liability case for a child who suffered a traumatic brain injury and a $2 million verdict for a client wrongfully terminated because of his disabilities. Lubell is a true student of the law and of the corporations and insurance companies against which he battles on behalf of his clients. Routinely during a court hearing or trial, Lubell has shown judges and juries just how little such businesses know about their own policies for employee conduct and their customer’s safety. Lubell is masterful at sorting out half-truths from the whole truth and in ensuring justice wins out over corporate power and influence., Evan Lubell Spot, 2021
Honors:
- The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research. Membership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7.The National Trial Lawyers: Top 100 is an essential source of information, education and networking for the most accomplished trial lawyers throughout America. Through unique and professional networking opportunities, information and CLE programs, we continually strive to give our members a competitive edge in today’s ever-changing legal profession. It is the mission of The National Trial Lawyers to provide networking opportunities, advocacy training, and the highest quality educational programs for the nation’s leading trial lawyers. Each of our distinguished Top 100 members possesses the knowledge, skill, experience and success held by only the best and finest lawyers in America. By combining resources, power, and influence, The National Trial Lawyers: Top 100 is devoted to preserving and protecting justice for all., National Trial Lawyers- Top 100, The National Trial Lawyers Association, 2021
- Historically the Martindale-Hubbell® Peer Review Ratings™ system utilized an “A - B - C” scale to estimate the legal ability and ethical standards of an attorney. To qualify for an “A” rating an attorney had to be reported as “Very High” in their legal ability and had been practicing for at least 10 years, a “B” rating meant an attorney was rated “High” and had to be practicing for at least 5 years, and a “C” rating meant that the attorney was rated “fair” with no limitations on how long they were practicing. A second rating was also given to go along with the “A - B - C” rating and that was a “V,” meaning that the attorney's peers stated they had "Very High" ethical standards. Over the years this transitioned to “AV”, “BV”, and “CV” ratings - with an “AV” rating meaning that the attorney had reached the highest of professional excellence and is recognized for the highest levels of skill and integrity. Today, Martindale-Hubbell conducts a thorough review of attorneys who wish to receive a Martindale-Hubbell® Peer Review Ratings™, through a secure online peer review survey where a lawyer’s ethical standards and legal ability in a specific area of practice is assessed by their peers. Once the review process is completed an attorney may receive 1 of the following Martindale-Hubbell® Peer Review Ratings™:AV Preeminent®: The highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.Distinguished: An excellent rating for an attorney who has some experience and is widely respected by their peers for their professional achievement and ethical standards.Notable: A rating given to a lawyer who has been recognized by a large number of their peers for their strong ethical standards, AV Peeminent, Martindale-Hubbell, 2021
- An invitation-only professional organization composed of and limited to the Top 25 attorneys from each state or region who serve individuals and families who need attorneys to represent them in the American legal system regarding Brain Injury claims., Trial Lawyers Association - Top 25- Brain Injury, The National Trial Lawyers Association, 2021
- American Institute is an impartial third-party attorney rating organization comprised of 13 divisions consisting of Bankruptcy, Criminal, DUI/DWI, Personal Injury, Family Law, Litigation, Lawsuits & Disputes, Immigration, Workers’ Compensation, Employment & Labor Law, Estate Planning, Military Law, Elder Law and Social Security & Disability Law Division. The American Institute’s Personal Injury Division compiles an exclusive list of the “10 Best” Attorneys for each State. Some States depending on size and population density may be broken up into City or Region to be more applicable to potential new clients who utilize this site when looking for an Attorney. The “10 Best” is a prestigious honor for the Attorney as each Attorney must: Be formally nominated by the Institute, client, and/or fellow Attorney; Have attained the highest degree of professional achievement in his or her field of law; and Having done so with an impeccable Client Satisfaction rating., 10 Best- Client Satisfaction, American Institute of Personal Injury Attorneys, 2021
- Super Lawyers Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations., Super Lawyers, Super Lawyers, 2021
- Gulfshore Business- Best of Business- Best Litigation Law Firm With the leadership and practice of Evan, the firm won Gulfshore Business- Best of Business- Best Litigation Law Firm., Gulfshore Business- Best of Business- Best Litigation Law Firm, Gulfshore Business Magazine, 2020
- Super Lawyers Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations., Super Lawyers, Super Lawyers, 2020
- Historically the Martindale-Hubbell® Peer Review Ratings™ system utilized an “A - B - C” scale to estimate the legal ability and ethical standards of an attorney. To qualify for an “A” rating an attorney had to be reported as “Very High” in their legal ability and had been practicing for at least 10 years, a “B” rating meant an attorney was rated “High” and had to be practicing for at least 5 years, and a “C” rating meant that the attorney was rated “fair” with no limitations on how long they were practicing. A second rating was also given to go along with the “A - B - C” rating and that was a “V,” meaning that the attorney's peers stated they had "Very High" ethical standards. Over the years this transitioned to “AV”, “BV”, and “CV” ratings - with an “AV” rating meaning that the attorney had reached the highest of professional excellence and is recognized for the highest levels of skill and integrity. Today, Martindale-Hubbell conducts a thorough review of attorneys who wish to receive a Martindale-Hubbell® Peer Review Ratings™, through a secure online peer review survey where a lawyer’s ethical standards and legal ability in a specific area of practice is assessed by their peers. Once the review process is completed an attorney may receive 1 of the following Martindale-Hubbell® Peer Review Ratings™:AV Preeminent®: The highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.Distinguished: An excellent rating for an attorney who has some experience and is widely respected by their peers for their professional achievement and ethical standards.Notable: A rating given to a lawyer who has been recognized by a large number of their peers for their strong ethical standards, AV Peeminent, Martindale-Hubbell, 2020
Educational Background:
- State University of New York at Albany, B.A.
Other Outstanding Achievements:
- Case drove new Florida law for protection of student athletes. Shortly after, Florida named #1 nationally in school sports safety report1 Sep 2021 In the News.Info Hub.Law Defined Blog.News ReleasesAs students go back to school, Florida secondary school athletes are safer than ever before, according to a new study released by the Korey Stringer Institute (KSI) at the University of Connecticut. Florida has been named #1 nationally for its comprehensive health and safety policies for secondary school athletics in the 2021 State High School Sports Safety Policy Evaluation report. According to KSI, the purpose of the study is to “provide a graded assessment of the implementation of health and safety policies related to the leading causes of sudden death and catastrophic injury in sport at the state level for secondary school athletics within the United States.” The review was based on information from high school associations and state legislation for all 50 states and the District of Columbia. It focused on the four primary causes of sudden death in high school sports, which account for a majority of sport-related deaths: exertional heat stroke, sudden cardiac arrest, traumatic head injuries, and exertional sickling. According to the study, Florida has the most comprehensive health and safety policies for secondary school athletics in the nation, with a score of 87.67%. New Jersey is second at 85%, and Massachusetts is third at 79.4%. California is at the bottom of the list with a ranking of 30.8%. Florida’s score increased 11.47% from its previous ranking of 76.20%, which is the largest increase for any state this year. In part, Florida’s high score is a result of recent legislative changes, specifically in the area of exertional heatstroke. Last year, the Zachary Martin law went into effect, strengthening protocols to prevent heat-related illness in high school athletes. KSI gave Florida a perfect score (20 out of 20%) in the areas of heat acclimatization policies, the proper use of Wet Bulb Globe Thermometers (WBGT), and the presence of cold water immersion tubs at all schools for the onsite cooling of athletes suffering from a heat-related illness. The law is named after 16-year-old Ft. Myers athlete Zach Martin, who succumbed to exertional heatstroke during a summer football practice in 2017. Zach’s mother, Laurie Martin Giordano, worked tirelessly after his death to lobby for new heat-related policies for secondary school athletics so that no other family had to face a similar preventable tragedy. She founded the Zach Martin Memorial Foundation to educate athletes, coaches, and parents about Exertional Heat Illnesses (www.zachmartinfoundation.com). In the KSI report, Florida also received a 20/20% for its sudden cardiac arrest policies, 18/20% for its policies concerning traumatic head injuries, 15/20% for appropriate healthcare coverage, and 14.67/20% for emergency preparedness. The Orthopedic Journal of Sports Medicine will publish the study with these findings in the October issue. It has been released electronically ahead of print: https://journals.sagepub.com/doi/10.1177/03635465211031849A link to the study can be found at https://ksi.uconn.edu/high-school-state-policies-2-2-2/. For more information on KSI go to https://ksi.uconn.edu. To learn more about the Zachary Martin Memorial Foundation and its efforts, visit the website https://zachmartinfoundation.com., 2021
- Firm voted US News- Best Law Firm 2022 . . Methodology Overview Eligibility A firm must have at least one attorney who is recognized in the current edition of Best Lawyers in a "Best Law Firms" ranked practice area / metro area. Submission Process As part of our formal submission process, submission packets are emailed to firms every January. This includes: Eligible practice / metro areas Law Firm Survey Instructions on how to send lists of clients and/or professional references to be surveyed Clients and/or Professional References are emailed a survey addressing a firm's expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm. Client and Professional Reference submissions are always kept strictly confidential and are never shared or published elsewhere. Data is also collected from Best Lawyers ballots, which can only be completed by attorneys who are currently recognized by Best Lawyers. Ranking by Tiers All of the quantitative and qualitative data is then combined into an overall "Best Law Firms" score for each firm. Because firms were often separated by small or insignificant differences in overall score, we use a tiering system rather than ranking law firms sequentially. *The number of tiers included in each practice area or metropolitan area ranking varies, and some specialties may not be ranked in metro areas in which there is not enough data to provide rankings in a particular specialty., 2021
- Gulfshore Business- Best of Business- Best Litigation Law Firm With the leadership and practice of Evan, the firm won Gulfshore Business- Best of Business- Best Litigation Law Firm., 2020
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