David W. Lipcon

Bar / Professional Activity

• Colorado State Bar, 1995
• Florida Bar, 1993
• American Bar Association, 1993
• Trial Bar, United States District Court, Southern District of Florida, 1993
• Dade County Trial Lawyers Association, 2000
• United States District Court, Southern District of Florida;, 1993
• 2015
• Dade County Bar Association, 1994

Verdicts / Settlements (Case Results)

• Numerous verdicts and settlements over $1 million dollars.
• 2.85 MILLION DOLLARS - DRUNK DRIVER/BAD FAITH - Attorneys Lipcon & Lipcon. P.A., David W. Lipcon David W. Lipcon, of Lipcon & Lipcon, P.A., in Miami, Florida, was hired by the parents of a 19-year-old girl who was killed by a drunk driver. Christine, a college student home for vacation, was driving to her parent’s home in Coral Gables when a car ran through a red light at an intersection, crashing into her, killing her instantly. The driver who ran the light had been drinking at a local bar. He surrendered at the scene and was charged with DUI Manslaughter. His insurance carrier refused to tender his insurance policy limits of $100,000.00 to the family claiming the traffic light was not red, and that he had the right of way, in spite of being legally drunk. The family then hired Lipcon & Lipcon to represent them. David Lipcon, who has over twenty five years of experience in wrongful death/personal injury claims, was able to successfully obtain a settlement for the parents, of $2.75 million over the policy limits. The case was settled during Mediation when Lipcon brought in a team of bad faith and accident reconstruction experts., 2018
• 1 MILLION DOLLARS - NURSING HOME ABUSE/NEGLECT Facts: In early 2017 R.S. 82 year old widow was admitted to ABC Nursing Facility in Miami, Florida. R.S. was suffering from Alzheimer’s and was in need of around the clock care. Upon admission, R.S. was surveyed by the medical staff at the Nursing Home and was considered to be a “high risk for falls.” The assessment required total physical assistance for locomotion and mobility. Despite this, ABC Nursing Facility allowed R.S. to wander around the halls of the home, unassisted. In the first two (2) months of her admission, she fell three (3) times. Despite this, ABC Nursing Facility failed to alter her nursing plan or change any interventions. Amazingly, she was still left unsupervised and allowed to continue to ambulate and walk without assistance. Unfortunately, she fell a fourth time. This fall was so severe that she crushed her head on the floor, causing a subdural hematoma, which eventually led to her death. The family hired the lawyers at Lipcon & Lipcon, P.A., who specialize in personal injury cases and nursing home abuse/neglect. David Lipcon’s investigation immediately uncovered the fact that R.S. was allowed to wander the halls of the nursing home, unsupervised. Only a few of the falls were documented in the original nursing record. After taking numerous witness depositions, it was uncovered by Lipcon that in fact there were more falls sustained by R.S., that were kept hidden by the facility. The facility, at first, refused to settle the case choosing instead to litigate. After approximately seven (7) months of litigation, the case finally resolved at mediation for the policy limits of $1,000,000.00. Lipcon’s Comments: “Such a tragic event. All of this was preventable. The family trusted this facility. The facility accepted private insurance and Medicare, yet in spite of this, barely provided the most basic and obvious services. The settlement is notable as most nursing facilities in South Florida do not carry such a large amount of insurance, let alone pay the full amount during a claim. Although I am skeptical, I hope that not only this facility learned a lesson, but the entire nursing home industry as well.” Result: A settlement during litigation for $1,000,000.00 was reached., 2017
• 3.25 MILLION DOLLARS - NEGLIGENT SECURITY - Attorneys Lipcon & Lipcon, P.A., David W. Lipcon Jane Doe (whose name is not listed here in order to protect the family) was a single mother of three (3) young children. Late one evening, she was walking home from work, towards her home, which is part of a homeowner’s association, when she was robbed and gunned down, by unknown multiple assailants, who were driving through the area. The association is not enclosed and has no security gate or guards. The family of Jane Doe hired Lipcon & Lipcon to investigate a potential Wrongful Death Claim against the Association for failing to provide security. David W. Lipcon, Esq., who, for the past twenty-two years, has specialized in personal injuries and wrongful death claims, such as this, immediately opened up an investigation into the incident. It was learned, during the investigation, that the association was a virtual hot-bed for criminal activity such as burglaries, robberies, assaults, car theft, and even homicides. Further investigation showed that although the Association was charging fees to the homeowners, it was doing almost nothing with the fees collected; certainly not providing security, or doing anything to prevent crime such as hiring guards, increasing police presence, adding security lighting, etc. After learning more of the facts, Lipcon filed his lawsuit. The case was immediately settled for 3.25 Million Dollars after the lawsuit was filed. When asked about the Settlement, Lipcon explained, “Everybody understands no amount of money can bring back the children’s mother. But, at least their financial well-being will be secured for the rest of their lives. The guardian of the money will use the funds to pay for college and help the children live a productive and meaningful life. This money is their mother’s legacy.”, 2018
• $2.25 million for inmate injured in transport van Case Gonzalez v. International Security Gonzalez was in federal custody on Sept. 15, 2015, and was being transported from the U.S. Federal Building and Courthouse to the Miami Federal Correctional Institution in South Miami-Dade. He had pleaded guilty to a conspiracy to distribute crack. Gonzalez was handcuffed and leg shackled in the back of a van driven by employees of Vienna, Va.-based Security, a subcontractor of the U.S. Marshals. The van was heading south on I-95 when two cars collided, causing a GEO Metro to hit the van. The van rolled three times, ejecting Gonzalez and leaving him a partial quadriplegic from a skull fracture, spinal injuries and nerve damage. He was left paralyzed from the waist down with only limited movement in his arms. Despite the accident, he completed a sentence of two years and six months in August 2017. The other prisoners in the van suffered relatively minor injuries. Gonzalez’s medical bills approached $300,000, most of which was paid by the U.S. Department of Justice. Gonzalez struggled to find a civil attorney to represent him because many lawyers assumed that the federal government was transporting the prisoners instead of a contractor, Lipcon said. A negligence lawsuit against the U.S. Government is difficult to prosecute because of award caps and other restrictions. “Everyone thought they were marshals,” Lipcon said. “I looked further into it and realized it was a private company with private insurance, and it really changed the nature of the case.” Lipcon filed suit in Miami-Dade Circuit Court against MVM, Arizona-based Scottsdale Insurance and San Antonio, Texas-based Argonaut Insurance, but dropped the two insurers from the case in March. The lawsuit includes a single count alleging that MVM failed in its duty to ensure that Gonzalez was being transported safely at the time of the crash. The case settled before trial. Plaintiff Case: In the lawsuit, Lipcon argued that MVM wasn’t negligent in how it operated the van, but in failing to ensure Gonzalez wore a seatbelt. He also contended that the van MVM used, a Chevrolet 350, had a tendency to roll in crashes when it was loaded with passengers. Defense Case: Attorney said he did not have permission from his client to talk to the media. But according to Lipcon, Defense contended that MVM had no obligation to ensure the prisoners wore seat belts, and that it was following the orders of the U.S. Marshals Service, which does not make it mandatory for prisoners to wear seat belts. Outcome: MVM agreed to settle for $2.25 million. Quote: “He’s still a citizen, he didn’t ask to be put in this position, he asked to be seat-belted. Does he deserve what he ultimately got, a life sentence in a wheelchair? Absolutely not,” Lipcon said. “This is tantamount to a death sentence.”Result $2.25 million, 2017
• 6.25 MILLION DOLLARS - TRUCKING ACCIDENT - David W. Lipcon was hired by the family of a 27 year old man who was killed by an 18 wheel semi-truck delivering food for a national food-chain. The victim, who’s name is kept confidential to protect the identity of his wife and 3 children, was traveling through an intersection in his car, on his way to work, when the truck ran a red light, causing the collision. the vehicle exploded upon impact, instantly killing the client. Lipcon brought the case against multiple defendants, including the driver of the Truck, the Driver’s Employer, the owner of the trailer and the company who hired the trailer to deliver the goods., 2018
• 2.7 MILLION DOLLARS - BOATING ACCIDENT FACTS AND ALLEGATIONS: J.D. was a passenger on a chartered fishing boat that sailed out of Miami. He was the father of two. There were approximately four (4) other customers of the charter on that day. After a long day of fishing, upon beginning the return to shore, the Captain turned the boat without reeling in the fishing lines. This caused the lines to fowl the propeller. The boat came to a halt. The Captain, instead of calling a repair, rescue or tow company, asked one of his passengers to go into the water to try to untangle the lines on the engine. He was unsuccessful. J.D. was then asked by the Captain to lay on the back landing of the boat, near the engine, to attempt to cut the line. He was untethered to the boat and was not given a life jacket. It was then that violent waves caused him to be thrown off of the boat. It was only at that moment that the Captain first threw J.D. a line, but it was too late. J.D was taken out to see by the waves and tide. After a long struggle, J.D. drowned.The family of J.D. hired David W. Lipcon to file a lawsuit against the charter and the Captain. After a year and a half of litigation, and after a week of trial, the case ultimately settled for 2.7 Million Dollars. COMMENTS: Mr. Lipcon made it clear from the beginning of the case that regardless of the jurisdiction (whether it was the State of Florida, Federal Admiralty/Maritime Law or the Death on the High Seas Act) Mr. Lipcon’s firm would stop at nothing to pursue justice on behalf of J.D. and his family., 2018
• 1 MILLION DOLLAR VERDICT - WAV RUNNER COLLISION David W. Lipcon was hired by the parents of a 16 year old child who was on vacation in the Florida Keys this past Memorial Day weekend. He and members of his family rented personal watercrafts (waverunners) from a popular tour company. The tour was filled with other customers, as well. At some point during the ride, the tour guide slowed down to discuss marine life that was in the area. It was then that W.R. was violently crashed into from behind by another rider who lost control of his waverunner. The impact was so violent, W.R. was thrown from his vehicle, into the water. He was rescued from the water and brought to the local hospital where he was then airlifted to Miami for emergency treatment. The crash broke his shoulder, shattered his ankle and caused multiple herniated discs in his neck. He had to undergo two surgeries. David W. Lipcon was hired to bring a claim against the Waverunner Tour Company for negligent instruction and supervision. During the “Discovery” phase of the litigation, Lipcon learned that the company failed to provide adequate instruction to its riders as to what to do when needing to avoid a collision, how to keep a safe distance from other riders and how to take evasive action in case of an emergency (inexperienced waverunner users generally don’t understand that to take evasive action, the throttle must be used, instead of released. This is counter-intuitive from what one would do in taking evasive action when driving a car or a motorcycle. None of this was explained to the plaintiff or his family. The Tour Company, during litigation, tried to rely on a “waiver of liability” that was supposedly signed by its customers prior to the tour. Lipcon was successful in having the court rule that these “waivers” were irrelevant as they did not comply with Florida Law. RESULT: Case Resolved for $1,000,000.00, 2017

Pro bono / Community Service

• Prop Bono Work (avg 100 hrs/yr), 1993

Educational Background

• Bachelor of Science, University of Florida, 1989

Firm News (Newsletters)

• Case Results

Honors

• Martindale-Hubbell, AV Rating, 2019
• AVVO, Perfect Rating 10/10, 2019
• National Trial Lawyers, Top 100 Personal Injury Attorneys, 2019
• AV rated, Martindale-Hubbell, 2018
• Top 100 Civil Plaintiff Trial Lawyers, National Trial Lawyers, 2018
• Perfect Rating 10/10, Avvo, 2018
• Perfect Rating 10/10, Avvo, 2017
• AV Rating, Martindale Hubbell, 2017
• AV rated, Martindale-Hubbell, 2016
• Perfect Rating 10/10, Avvo, 2014
• AV rated, Martindale-Hubbell, 2015
• Perfect Rating 10/10, Avvo, 2016
• Perfect Rating 10/10, Avvo, 2015
• AV Rating, Martindale-Hubbell, 2014
• Meritorious Public Service, The Florida Bar, 2006

Awards

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Avvo Client's Choice Award: This award is granted to attorneys with at least 5 reviews with 4+ stars in a given year on Avvo.com