Scott B. Smith, Esq.

Board Certified Civil Trial Attorney

Scott B. Smith, Esq. Photo Scott B. Smith, Esquire is a very highly accomplished and award-winning Florida personal injury and wrongful death trial lawyer with many years of extensive professional experience. Scott is a very knowledgeable, sophisticated, fierce, tenacious, seasoned and battle-tested trial lawyer whose reputation is built on powerful advocacy, unwavering commitment to justice and uncompromising dedication to his clients. He is widely recognized for his commanding courtroom presence, elite professionalism and uncanny ability to handle complex and high-stakes personal injury and wrongful death cases. Scott is very well-known as a relentless and dogged Florida trial lawyer who thrives in high-pressure litigation and is known for taking on difficult cases and fighting for his clients without pause or hesitation. Fearless in the courtroom and steadfast in preparation, he is a powerful advocate and legal force who pursues huge results for his injured and harmed clients with the highest levels of intensity, strength, advocacy, strategy and discipline. Scott is considered and widely recognized as one of the best, most experienced, most successful, most prominent and most respected civil trial lawyers throughout all of Florida and beyond.

Scott Smith has been admitted to and has been a member of The Florida Bar since 1998. In addition, Scott has been Board Certified by The Florida Bar in Civil Trial Law since 2008. Scott graduated from The Florida State College of Law in 1998 following his graduation from Florida State University in 1995. Scott attended the U.S. Air Force Academy from 1991 – 1993 where he was a member of the Air Force Falcons Football team as a linebacker. While in law school, Scott was active in all law school classes and activities related to civil trial law, trial advocacy, the rules of evidence and the rules of civil procedure.

Scott is highly respected and very favorably regarded by his clients and those in the Florida legal community. He has been rated AV Preeminent by Martindale-Hubbell’s Peer Review Rating process for more than twenty years. An AV rating is Martindale’s most prestigious peer review rating. It takes into account an attorney’s ability and ethics as well as confidential opinions of members of the bar and the judiciary. This honor is bestowed only upon lawyers who exude extraordinary legal capability and adhere to strict ethics while practicing law.

Scott is recognized in the highly respected publication Best Lawyers in the legal areas of Personal Injury Protection – Plaintiffs and Product Liability Litigation – Plaintiffs. Scott has been listed in Best Lawyers every year since 2013. In 2017, Scott was named “Lawyer of the Year” by Best Lawyers for Personal Injury Litigation – Plaintiffs, West Palm Beach, Palm Beach County, Florida. Every attorney listed in Best Lawyers in Florida has earned recognition through Best Lawyers’ rigorous annual peer-review process. Only a very small fraction of trial lawyers in Florida have been named “Lawyer of the Year.”

Scott is also recognized as a Super Lawyer by the esteemed Super Lawyers publication. Scott has been listed as a Super Lawyer every year since 2013. This award is given to only five percent of the lawyers in Florida and demonstrates excellence in the practice of law. In addition, Scott has also been listed in the Top 100 Miami Super Lawyers in 2023, 2024, 2025 and 2026. He was further listed in the Top 100 Florida Super Lawyers Top List in 2025.

Scott is also a member and/or has been inducted into the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum which is a collection of the Top Trial Lawyers in America. Established in 1993, the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum are some of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Fewer than 1% of lawyers in the United States are members. Scott qualifies many times over due to the more than 100 cases that he has settled for or obtained a verdict of $1,000,000.00 or more.

Scott has also been recognized and seen many times throughout various media outlets, such as The Palm Beach Post, The Sun-Sentinel, The Stuart News, NBC News WPTV 5, ABC News WPBF 25 and CBS News WPEC 12. Scott was also featured on The Today Show for his representation of the Wilson family following the tragic and wrongful death of their son in Wellington, Palm Beach County, Florida. Scott has further been featured in several legal publications, including Attorney at Law Magazine, Best Lawyers, Jupiter Magazine, Palm Beach Gardens Magazine and Palm Beach Illustrated. Scott has also handled and been lead counsel in many high profile personal injury and wrongful death cases that have been covered extensively by the media. In representing the Wilson family, in representing a father who lost his wife and two children in an impaired driver accident and in representing a young boy who lost his Mom, Dad and older brother in a tragic accident caused by a drunk driver, Scott’s representation of such clients has been high profile throughout Florida, with the highly tragic Wilson matter even garnering national media attention.

Scott Smith is Board Certified in Civil Trial Law by The Florida Bar and has been for more than fifteen years. Board Certification is the highest level of evaluation by The Florida Bar of an attorney’s competency and experience. Certification identifies Mr. Smith as an attorney with extensive knowledge, skills, and proficiency in civil trial law. It distinguishes him as a specialist in the areas of personal injury and wrongful death. Of Florida’s more than 80,000 attorneys, only about 4,200 are Board Certified. He initially became Board Certified in 2008 and has been recertified in 2013, 2018 and 2023. Scott is considered one of the best and most experienced Board Certified Civil Trial Lawyers in all of Florida.

Scott is very well-known and tremendously respected as a fierce, intense and fearless Florida trial lawyer. He is considered one of the best and most skilled trial lawyers and civil litigators in the entire State of Florida. Scott has been described as having “full command and control of the courtroom.” He is known throughout all of Florida as a “courageous and unflinching litigator who never backs down from a fight.” He is well-known for being a relentless courtroom advocate, a battle-tested trial lawyer, a legal workhorse, a tenacious litigator and a very powerful voice for his injured and grieving clients. He has been labeled “a skilled, sharp, focused, disciplined, tireless and uncompromising trial attorney.” His cross-examinations at trial are well-known throughout the Florida legal community and have proven to be incredibly effective in fighting for his clients. A former 1^st team All-State linebacker in Florida, Scott is tough, relentless and determined in fighting for every one of his clients. He is simply known across all of Florida as a “real trial lawyer.” His reputation is of a trial lawyer that fights to the bitter end to obtain the largest possible recovery and compensation for his clients. As is evidenced by his inclusion in both Best Lawyers and Super Lawyers since 2013, Scott is consistently considered and recognized by his peers and the general public as one of the very best and top trial lawyers in the State of Florida, and in a very small and select group of the absolute best and most experienced personal injury and wrongful death lawyers in Florida.

During his career, Scott has resolved thousands of personal injury and wrongful death cases by way of settlement or jury verdict in Florida and in various other states. He has been lead counsel or co-counsel on more than one hundred (100) personal injury and wrongful death cases that have resulted in settlements or jury verdicts in excess of one million dollars ($1,000,000.00). Amazingly, Scott has litigated personal injury and/or wrongful death cases in more than fifty (50) of Florida’s sixty-seven (67) counties and in six other states (Georgia, South Carolina, New York, Delaware, New Jersey and Tennessee). More amazing is that Scott has served as lead counsel in jury trials in nine (9) different counties in Florida (Palm Beach County, Martin County, St. Lucie County, Indian River County, Broward County, Miami-Dade County, Lee County, Pinellas County and Volusia County). Scott has also conducted jury trials to verdict in Federal Court at the United States Federal Courthouses located in West Palm Beach, FL and Fort Pierce, FL (both located in the U.S. Southern District of Florida).

Throughout his lengthy and award-winning career as a trial lawyer in Florida, Scott has filed more than a thousand personal injury or wrongful death lawsuits for his injured or grieving clients. He has litigated personal injury and wrongful death cases with nearly every insurance company that issues automobile insurance policies in America. He has litigated with auto insurance companies such as State Farm, Allstate, GEICO, Progressive, Nationwide, Farmers, Liberty Mutual, USAA, Garrison, Travelers, AIG and Chubb and many others. Scott has also filed suit against and litigated extensively with some of the largest corporations in the world such as General Motors, Ford Motor Company, Daimler-Chrysler, Goodyear, Bridgestone, Firestone, Cooper Tire, Sears, Electrolux, EZ-Go, Crown Equipment Corporation, as well as many others. Further, Scott has litigated and even tried cases against governmental entities such as The United States of America, the State of Florida, the Florida Department of Transportation, Palm Beach County, Martin County, the School District of Palm Beach County and numerous others. Moreover, with the increased popularity of rideshare or transportation network companies, Scott has also litigated many matters with Uber, Lyft and other companies that provide a rideshare or transportation service. Last and perhaps most significantly, Scott has handled hundreds of serious personal injury and wrongful death matters arising from accidents, injuries and deaths caused by a negligent commercial motor vehicle driver or a negligent trucking company. Scott has filed lawsuits against and litigated with most of the largest trucking companies in Florida and throughout the United States of America. He regularly speaks and lectures about handling cases against truck drivers and commercial motor vehicle carriers due to his vast experience in successfully handling such cases. Scott is consistently considered and recognized as one of the best and most experienced commercial truck accident lawyers in the State of Florida.

Upon graduation from the Florida State College of Law in 1998, Scott began his professional legal career as a trial lawyer with the 19^th Judicial Circuit’s State Attorney’s Office in Martin, St. Lucie, Indian River and Okeechobee Counties. Scott was an assistant state attorney (ASA prosecutor) for the 19^th Circuit in Martin County. After nearly two years serving as a prosecutor and after obtaining a significant amount of courtroom and jury trial experience, Scott began working with a personal injury and wrongful death (civil litigation) law firm in West Palm Beach, Florida. Scott was an associate trial attorney at such law firm for approximately 9 years before he started his own law firm of Scott B. Smith, P.L. A couple years later, Scott added two partners to the law firm to form Smith, Ivey & Fronrath. In 2011, Scott merged Smith, Ivey & Fronrath with his prior law firm to form the law firm of Lytal, Reiter, Smith, Ivey & Fronrath. Scott was a co-managing partner of such firm for 8 years until he founded and started Scott Smith Injury Law which he has grown into the powerhouse Florida personal injury and wrongful death law firm of Smith, Ball, Baez & Prather Florida Injury Lawyers. Scott is the founding and managing partner of such Palm Beach County based Florida personal injury and wrongful death law firm. Since founding and forming Smith, Ball, Baez & Prather, he and his partners have grown the law firm into one of the most successful and well-known personal injury and wrongful death law firms in the entire State of Florida. In addition to regularly being recognized as one of the best and most elite trial lawyers in all of Florida, Scott has also been recognized as and is widely considered as one of the best managing partners in Florida as well. The main office for Smith, Ball, Baez & Prather is located in Palm Beach Gardens, FL on PGA Boulevard and the firm has additional offices located in Port St. Lucie on St. Lucie Boulevard and in Boca Raton on Glades Road. As evidenced by Scott’s history of handling personal injury and wrongful death matters in nearly all of Florida’s 67 counties, the law firm of Smith, Ball, Baez & Prather Florida Injury Lawyers also handles personal injury and wrongful death matters all across the entire State of Florida.

In addition to all of his professional work and success, Scott has also been very involved in the South Florida legal community. Scott is a past-President of the Palm Beach County Bar Association and also a past-President of the Palm Beach County Justice Association. Prior to being the President of both bar associations, Scott served on each Association’s Board of Directors for a lengthy period of time. He has also served on the Board of Directors for the Florida Justice Association and was previously the President of the Young Lawyers Section of the Florida Justice Association. Scott has also served on the Code and Rules of Evidence Committee for The Florida Bar and has served two times as the Chairperson of the Personal Injury and Wrongful Death CLE Committee for the Palm Beach County Bar Association. He has also been chosen to speak at the Palm Beach County Bar Association’s annual Bench-Bar Conference numerous times on topics and issues involving personal injury and wrongful death matters. Scott has been asked by the Florida Justice Association, the Palm Beach County Bar Association and the Palm Beach County Justice Association to speak about commercial motor vehicle accidents and commercial motor vehicle cases because of his vast experience in handling such matters and because of his acute and keen knowledge of the Federal Motor Carrier Safety Regulations and how Florida has adopted such federal laws to commercial truck drivers and to both interstate and intrastate motor carriers (trucking companies) in Florida.

In the South Florida, Palm Beach County and Treasure Coast communities Scott is also very active. He is a former assistant state attorney (ASA) and prosecutor in the 19^th Judicial Circuit in Martin County and St. Lucie County. He has served on the Board of Directors for the Palm Beach County Chapter of the March of Dimes. Scott and his wife Molly have participated in and donated to many causes of and for the March of Dimes. Scott is currently the President of the Jupiter Mustangs Youth Tackle Football and Cheer Program. He has also coached multiple Pop Warner youth football teams, recreational baseball teams and youth basketball teams in West Palm Beach, Palm Beach Gardens and Jupiter. Scott also currently serves on the Board of Directors for the Palm Beach Gardens Police and Fire Rescue Foundation.

Scott and his wife Molly were married in 2002 and have four children, Sandy, Tucker, Charlie and Harrison. They live in Jupiter Farms where they are blessed to have dogs, cats, horses and donkeys on their farm and property. In his limited free time, Scott loves to spend time with his family, coach youth sports, boat, fish and golf. He is also an avid reader. Scott considers his greatest successes to be that of a devout husband and father, a man of honor and integrity, and a real trial lawyer.

Education

Florida State University College of Law, J.D., 1998
Florida State University, B.S., Dean’s List, 1993 – 1995
United States Air Force Academy, 1991 – 1993

Admission

The Florida Bar
United States District Court for the Northern District of Florida
United States District Court for the Middle District of Florida
United States District Court for the Southern District of Florida
United States Court of Appeals for the Eleventh Circuit
United States Supreme Court

Memberships

The Florida Bar
Palm Beach County Bar Association (Past President)
Palm Beach County Justice Association (Past President)
The Florida Justice Association (Past Member of Board of Directors)
The Southern Trial Lawyers Association
The American Association for Justice
The American Bar Association

Military

U.S. Air Force, 1991-1993

Awards

Listed in Best Lawyers 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026
Listed in Super Lawyers 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026
Lawyer of the Year in the greater West Palm Beach (Palm Beach County) area in 2017 in Personal Injury Litigation – Plaintiffs
Top 100 Miami (South Florida) Super Lawyers in 2023, 2024, 2025 and 2026 as listed by Super Lawyers
Top 100 Florida Super Lawyers in 2025 as listed by Super Lawyers
AV Preeminent Rating by Martindale-Hubbell for more than twenty years
Listed in the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum many times over

Some of Scott B. Smith’s Notable Cases and Results:

$46,000,000.00 Settlement in Wrongful Death Matter

Scott Smith settled a wrongful death matter for a total amount of $46,000,000.00 following the tragic and wrongful death of a young man caused by a highly preventable motor vehicle accident that occurred in Wellington, Palm Beach County, Florida in February of 2010. Scott represented the surviving father of the young decedent. Scott brought the wrongful death lawsuit against the owner and driver of the Bentley motor vehicle that caused the deadly crash. Due to the driver being under the influence of alcohol at the time of the crash, Scott also brought a Dramshop cause of action against the bar that excessively served the driver alcohol in the hours leading up to the tragic crash. Florida law allows or permits for a civil cause of action for the sale or furnishing of alcohol to a person not of lawful drinking age or to a person habitually addicted to the use of any or all alcoholic beverages. Section 768.125, Florida Statutes, titled “Liability for injury or damage resulting from intoxication” permits such cause of action to be brought against a person who sells or furnishes alcohol to a minor or someone that is habitually addicted to alcohol. In this particular matter, Scott brought the wrongful death action against the intoxicated and negligent driver for causing the high-speed and fatal crash in western Palm Beach County and against the restaurant and bar that served alcohol to the intoxicated driver. The case settled for $46,000,000.00 total with the defendant driver and his insurance company and with the restaurant and bar and its insurance company. The case gained national attention due to the egregious nature of the facts resulting in the young man’s death and because of various methods used by the defendant driver to try to avoid liability and responsibility. To this day, many people in South Florida remember this tragic crash and the litigation that ensued in the civil matter brought by Scott Smith and in the criminal matter handled by the State Attorney’s Office. Due to the tragic nature of the crash and the brutal death of the young man, the case gained national media exposure. Scott was regularly highlighted, seen and/or quoted on news sources such as The Palm Beach Post, the Sun-Sentinel, WPTV (NBC), WPBF (ABC), WPEC (CBA) and even The Today Show on NBC.

$5,647,314.00 Jury Verdict in Commercial Motor Vehicle Accident Case

Scott Smith secured a $5,647,314.00 jury trial verdict for his injured client on August 16, 2025 at the Palm Beach County Courthouse. Scott represented his injured client following a commercial motor vehicle (CMV) accident she was the victim of that occurred in Lake Worth, Florida in September of 2020. Scott’s client, a USPS employee, was on her daily route when her delivery truck was violently struck by a large garbage truck owned by the City of Lake Worth. Scott’s client was actually leaning into her own delivery truck when it was slammed into by the large commercial motor vehicle. The crash was captured on video by a security camera in the area of the crash location. The client suffered serious injuries and was hospitalized. Due to the at-fault driver being an employee of the City of Lake Worth, the sovereign immunity laws of Florida applied to the crash and the case. The Florida sovereign immunity statute is codified in Florida Statutes Section 768.28. The statute allows for claims and lawsuits to be brought against the state and its agencies for the negligent acts of governmental employees or agents. Scott successfully litigated and tried this sovereign immunity matter against the City of Lake Worth and obtained a very large jury verdict of $5,647,314.00 for his client who suffered serious injuries from this commercial motor vehicle accident in Lake Worth, Palm Beach County, Florida. This substantial verdict is another example of why Scott Smith is considered and recognized as one of the best trial lawyers in the State of Florida, and especially as one of the very best and top trial lawyers in Florida that handles commercial motor vehicle and large truck accident matters. Scott’s knowledge of and skill with the Federal Motor Carrier Safety Regulations and with Florida’s Commercial Motor Vehicle (CMV) Handbook were both very important in obtaining this large jury verdict.

Note: It is very important to know that the Federal Motor Carrier Safety Regulations apply to all commercial motor vehicle owners (motor carriers) and truck drivers engaged in both interstate commerce and intrastate commerce in the State of Florida. Section 316.302(1)(a), Florida Statutes, states “All owners and drivers of commercial motor vehicles that are operated on the public highways of this state while engaged in interstate commerce are subject to the rules and regulations contained in 49 C.F.R. parts 382-386 and 390-397.” Section 316.302(1)(b), Florida Statutes, also states “Except as otherwise provided in this section, all owners and drivers of commercial motor vehicles that are engaged in intrastate commerce are subject to the rules and regulations contained in 49 C.F.R. parts 382-386 and 390-397, as such rules and regulations existed on December 31, 2023.” The Federal Motor Carrier Safety Regulations are a set of safety rules in the United States of America that regulate and govern large trucks, commercial motor vehicles, trucking companies (motor carriers) and buses in the USA. The Federal Motor Carrier Safety Regulations are created and promulgated by the Federal Motor Carrier Safety Administration (FMCSA). The Federal Motor Carrier Safety Regulations cover areas, topics and/or subjects such as truck driver qualifications, training and licensing, Hours-of-Service limits for truck drivers, drug and alcohol testing, commercial motor vehicle inspection, repair and maintenance, cargo securement, accident reporting, medical and health fitness compliance and the insurance and financial requirements for trucking companies (motor carriers) and truck drivers. In Section 390.5 of the Federal Motor Carrier Safety Regulations, which has been adopted in Florida, a “Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle – (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.” Section 316.003(14), Florida Statutes also indicates that a commercial motor vehicle is “Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle: (a) Has a gross vehicle weight rating of 10,000 pounds or more; (b) Is designed to transport more than 15 passengers.” Section 391.11 of the Federal Motor Carrier Safety Regulations outlines the general qualifications of drivers. In Section 391.11(a) it is indicated that “A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in §391.63, a motor carrier shall not require or permit a person to rive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.” Pursuant to Section 391.11(b) of the Federal Motor Carrier Safety Regulations a person is qualified to drive a commercial motor vehicle if he/she (1) Is at least 21 years old; (2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records; (3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives; (4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part; (5) Has a currently valid commercial motor vehicle operator’s license issued only by one State or jurisdiction; (6) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and (7) Has successfully completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with § 391.31, or has presented an operator’s license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33. Pursuant to Section 391.41 of the Federal Motor Carrier Safety Regulations, titled “Physical Qualifications of Drivers”, a person “must not operate a commercial motor vehicle unless he or she is medical certified as physically qualified to do so.” Section 391.41(a)(3) states “A person is physically qualified to drive a commercial motor vehicle if: (i) That person meets the physical qualification standards in paragraph (b) of this section and has complied with the medical examination requirements in § 391.43; or (ii) That person obtained from FMCSA a medical variance from the physical qualification standards in paragraph (b) of this section and has complied with the medical examination requirement in § 391.43.” Any lawyer in the State of Florida who intends to help and represent the victim of a truck accident must have a significant understanding of and experience with the Federal Motor Carrier Safety Regulations. Scott Smith has handled and litigated dozens of serious Florida personal injury and wrongful death cases caused by the negligence of a truck driver or by the negligence of the trucking company itself. Scott Smith is regularly considered one of the most experienced, knowledgeable, best and successful trial lawyers in Florida in handling truck accident cases. Scott Smith has spoken and/or lectured throughout Florida about how to best handle and pursue truck accident matters for injured clients.

$2,247,287.55 Jury Verdict in Motorcycle Accident Case

Scott Smith obtained a $2,247,287.55 jury trial verdict for his injured client on May 26, 2011 at the Palm Beach County Courthouse. Scott represented a seriously injured man who was involved in a very unfortunate motorcycle accident in February of 2009 due to no fault of his own. Scott’s injured client was lawfully operating his motorcycle on Woolbright Road in Boynton Beach, Palm Beach County, Florida when a negligent motorist turned her car directly into the path of Scott’s client and his motorcycle. A serious collision occurred that caused Scott’s client to be thrown a significant distance off and from his motorcycle. Scott’s client suffered very serious injuries to a lower extremity that resulted in multiple surgeries. The at-fault driver’s insurance company would not settle the case for fair and just compensation so Scott tried the case for his client before a jury and obtained the very significant verdict of $2,247,287.55 for his injured client and his wife.

$2,160,569.00 Jury Verdict in Commercial Motor Vehicle Accident and Premises Liability Case

Scott Smith secured a $2,160,569.00 jury trial verdict for his injured client at the Palm Beach County Courthouse on May 6, 2009. Scott represented his client for a commercial motor vehicle (CMV) accident he was involved in on December 10, 2023 on Interstate 95 (I-95) in Palm Beach County, Florida. The client suffered injuries due to the negligence of the truck driver in rear ending the client’s vehicle. After the crash involving the truck driver and the trucking company, the injured client consulted with another law firm. When at the other law firm for a legal consultation, a chair collapsed out from underneath him causing new injuries and aggravation of injuries that had already been caused by the trucking accident. The client then sought representation by Scott Smith. Scott filed the lawsuit against the truck driver, the trucking company (motor carrier) and the law firm. The case settled with the trucking company for its available policy limits and proceeded to trial against the law firm for the chair collapse (premises liability) matter. The case was litigated extensively and after more than a week of trial the jury returned the substantial verdict of $2,160,569.00 for Scott’s client. The case was appealed by the defendant law firm, but ultimately the Florida Supreme Court upheld the jury verdict. The opinion of the Florida Supreme Court can be found at Robert Friedrich v. Fetterman and Associates, P.A., 137 So.3d 362 (Fla. 2013).

$9,000,000.00 Settlement in Premises Liability Matter

Scott Smith obtained a $9,000,000.00 total settlement from multiple parties for a very seriously injured client following a swimming pool accident at a community in South Florida. Most unfortunately, Scott’s client suffered serious spine injuries in a swimming pool accident that occurred in July of 2010. Scott filed the lawsuit against multiple parties to obtain this substantial settlement for his injured client. During the discovery process and with many depositions taken, Scott was able to determine and prove that the swimming pool was not built as permitted and as it was approved to be. The depth of the pool was reduced without permit application and the layout of the pool itself was also altered without permission through the building permit process. The case was litigated extensively by Scott so that this much needed recovery could be achieved for his client.

$2,100,000.00 Settlement in Commercial Motor Vehicle Accident Case

Scott Smith secured a $2,100,000.00 settlement for his client that was injured in a commercial motor vehicle accident in western Palm Beach County in January of 2019. At the time of the crash, Scott’s client was travelling on County Road 880 in the vicinity of Belle Glade and Six mile Bend. Very unfortunately for Scott’s injured client, a commercial motor vehicle truck towing farming equipment and travelling in the opposite direction of him had an improperly secured object detach and/or leave the commercial motor vehicle and ultimately land directly on top of the injured client’s driver’s compartment area. The client’s vehicle was seriously damaged and he was knocked unconscious from the crash. Scott’s client suffered cervical spine (neck) injuries that resulted in a cervical discectomy and fusion surgical procedure. Scott brought suit against the truck driver, the truck driver’s motor carrier employer and the trucking company that owned the truck. Scott argued that the driver and the trucking company (motor carrier) were both negligent in failing to perform the required pre-trip inspection of the truck and for failing to properly secure the load attached or affixed to the truck. After the case was extensively litigated by Scott, the insurance company for the trucking company agreed to compensate Scott’s client with $2,100,000.00.

$1,500,602.30 Jury Verdict in Motorcycle Crash Case

Scott Smith obtained a $1,500, 602.30 jury verdict for an injured client that was involved in a very unfortunate and serious motorcycle accident in Deland, Volusia County, Florida in July of 2012. At the time of the crash, Scott’s injured client was lawfully operating her motorcycle when the at-fault driver struck her motorcycle after having unlawfully and negligently proceeded forward from a stop sign violating the right-of-way of Scott’s client and her motorcycle. The client was knocked from her motorcycle and thrusted into a drainage ditch alongside of the roadway. Scott’s client suffered very serious injuries to her leg that resulted in multiple surgical procedures. The insurance company for the at-fault driver was unwilling to settle the case so Scott tried the case before a jury in Volusia County and obtained the $1,500,602.30 jury verdict for his client.

$2,000,000.00 Settlement in Motorcycle Wrongful Death Case

Scott Smith obtained a $2,000,000.00 total settlement for the two minor survivors of a man who was wrongfully killed in a motorcycle accident in February of 2020 on U.S. 41 in Collier County, Florida. A motor vehicle being driven by a U.S. Park Ranger negligently turned the U.S. government vehicle directly into the path of the decedent and his motorcycle. A very tragic crash resulted that resulted in the death of the motorcyclist and his passenger. Scott represented one of the minor children of the decedent and other attorneys represented another minor child of the decedent. A joint lawsuit was filed by Scott and the other lawyers against the United States of America in the United States District Court in the Middle District of Florida. The case was litigated extensively by all of the involved parties, but ultimately a total settlement of $2,000,000.00 for the decedent’s two surviving children was secured. This very tragic wrongful death case highlighted Florida’s Wrongful Death Act and the Federal Tort Claims Act (FTCA). Florida’s “Wrongful Death Act” is found in Sections 768.16 – 768.26, Florida Statues. Section 768.17, Florida Statutes, specifically states “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” Florida’s Wrongful Death Act allows for the estate and survivors of the decedent to bring a claim for damages that are specified in the Act. Section 768.20 “Parties” and Section 768.21 “Damages” outline and detail who are survivors of the decedent and what damages (compensation) may be pursued by the estate and the survivors, via and/or through the personal representative of the estate. The Federal Tort Claims Act (FTCA) allows persons to sue the U.S. government for compensatory damages for personal injuries and for wrongful death. The FTCA allows for claims against the federal government for the negligent or wrongful acts of its employees and/or agents. Any potential claimant must file an administrative claim with the appropriate federal department and/or agency (usually Form 95) within the applicable time period to provide such written notice. In this matter, Scott utilized both Florida’s Wrongful Death Act and the Federal Tort Claims Act to make this substantial monetary recovery for his client.

$1,172,330.50 Jury Verdict in Car Accident Case

Scott Smith secured a $1,172,330.50 jury verdict for his client that was injured in a car accident on Jupiter Farms Road in Jupiter, Palm Beach County, Florida in January of 2023. Scott’s client was a passenger in a motor vehicle that was travelling southbound on Jupiter Farms Road when it was rear ended by another motor vehicle causing the client’s vehicle to leave the roadway and crash into trees adjacent to the road. Scott’s client was transported to Jupiter Medical Center for her injuries and ultimately underwent a cervical spine discectomy and fusion surgical procedure. The applicable underinsured motorist insurance company was unwilling to settle the matter for the policy limits held by its insured so Scott tried the case for his client and obtained the jury verdict of $1,172,330.50 that was well in excess of the applicable policy limits. Scott had also obtained the policy limits of $250,000.00 from the bodily injury insurance company bringing the total recovery to $1,422,330.50. The insurance company ultimately paid an amount more than three times its policy limits to bring final resolution to the matter.

$3,280,000.00 Policy Limits Settlement in Car Accident Case

Scott Smith obtained a $3,280,000.00 policy limits settlement for an injured client who was involved in a car accident in April of 2022 in Polk County, Florida. Scott’s client was a back seat passenger in a motor vehicle. The client became ejected from the motor vehicle and sustained very serious head and brain injuries. The client’s road to recovery was a lengthy process. Scott fought for the client and brought the claim against the owner of the vehicle, the driver of the vehicle and an establishment that had sold and/or served alcohol to the underage client and/or driver within hours of the unfortunate crash. Scott secured a policy limits settlement with the owner and driver of the vehicle and also with the client’s underinsured motorist company. The total amount of such settlement between the two policies of insurance was $3,280,000.00. Scott also secured a confidential settlement with the establishment for his client. This matter reinforced the seriousness of traumatic brain injury (TBI) cases and Florida’s dram shop laws. Pursuant to Florida Statute Section 768.125, a claim can be brought against “a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age.” The statute allowed for Scott to bring this action not only against the owner and driver of the negligent vehicle, but also against the establishment for having sold and/or furnished alcohol or alcoholic beverages to Scott’s client and the driver of the motor vehicle, who was also under Florida’s legal or lawful drinking age. Scott’s determined efforts in this matter allowed for the significant settlement of $3,280,000.00 for his client from the auto insurance companies and also for the confidential settlement with the establishment.

$2,300,000.00 Settlement in Car Accident Case

Scott Smith obtained a $2,300,000.00 settlement for his injured client who was involved in a car accident on Bee Line Highway (State Road 710) in the area of Haverhill Road in West Palm Beach, Palm Beach County, Florida in July of 2019. The vehicle being operated by Scott’s client was rear ended by another vehicle causing the client’s car to be pushed into the car in front of it. Scott’s client suffered injuries to her cervical spine (neck) that ultimately resulted in the client undergoing a cervical spine discectomy and fusion at multiple levels. The defense argued that Scott’s client suddenly and unexpectedly slowed and stopped her car in rush-hour traffic on Bee Line Highway, but through the litigation and discovery process Scott was able to prove that the at-fault driver was not attentive and focused when driving his car in the busy traffic conditions. Further, Scott utilized the opinion and holding of the Florida Supreme Court in Clampitt v. D.J. Spencer Sales, 786 So.2d 570 (Fla. 2001) in which the court held that the rear-ending motor vehicle is presumed to be negligent in a rear end crash. In Clampitt, the Florida Supreme Court wrote and held “Each driver is charged under the law with remaining alert and following the vehicle in front of him or her at a safe distance.” Scott’s tenaciousness allowed for this $2,300,000.00 recovery to become a reality for his injured client.

$653,138.26 Jury Verdict in Commercial Motor Vehicle Accident Case

Scott Smith secured a $653,138.26 jury trial verdict on November 5, 2008 at the Palm Beach County Courthouse for his injured client against Federal Express and its truck driver for a commercial motor vehicle crash caused by the negligence of the Federal Express truck driver. Scott’s client suffered injuries to his neck and back in the crash that occurred in July of 2007. The motor vehicle being driven by Scott’s injured client was rear ended by the very large Federal Express truck (commercial motor vehicle) that was being driven and operated by the Federal Express truck driver on the Florida Turnpike in Indian River County, Florida. The impact was very significant and caused the client’s car to sustain heavy property damage and force it to leave the roadway. The case was litigated extensively. Federal Express and its lawyers maintained throughout the entire course of the litigation and trial that their truck driver was not at fault for causing the crash and that Scott’s client was. The jury agreed with Scott and his client and entirely disagreed with Federal Express, their lawyers and their experts. Scott’s skilled cross examination of Federal Express’s retained accident reconstruction expert witness ultimately proved to be the difference in the case and trial. The jury found the Federal Express truck driver to be 100% at fault for causing the read end crash and awarded Scott’s client every dollar and penny sought and asked for by Scott and his client at trial. As with the many other rear end crash cases that Scott has handled, he utilized the opinion and holding of the Florida Supreme Court in Clampitt v. D.J. Spencer Sales, 786 So.2d 570 (Fla. 2001) in which the court held that the rear-ending motor vehicle is presumed to be negligent in a rear end crash. In Clampitt, the Florida Supreme Court wrote and held “Each driver is charged under the law with remaining alert and following the vehicle in front of him or her at a safe distance.” Scott maintained that such holding certainly applied to the driver of the Federal Express commercial motor vehicle. Scott’s resolve and tenaciousness allowed for this $653,138.26 jury verdict to become a reality for his injured client. Scott also confidentially settled a companion case that arose from the same serious crash on the Florida Turnpike involving the same Federal Express truck driver. At the conclusion of the trial in this matter, the Federal Express truck driver and employee told Scott that he was one hell of a trial lawyer.

$1,400,000.00 Settlement in Car Accident Case

Scott Smith obtained a $1,400,000.00 settlement for a client who was injured in a car accident on Lake Worth Road at its intersection with Lucerne Lakes Boulevard in Lake Worth, Palm Beach County, Florida in May of 2020. Scott’s client was driving his motor vehicle eastbound on Lake Worth Road when the at-fault turned her motor vehicle directly into the path of his car causing a very significant crash. Scott’s client was transported from the crash scene to JFK Medical Center for his injuries. The client ultimately underwent a multi-level cervical spine (neck) discectomy and fusion due to the disc herniations and spinal cord impingement caused by the crash. Scott litigated the case to great length for the client to allow for the very significant recovery and settlement of $1,400,000.00.

$1,800,000.00 Settlement in Commercial Motor Vehicle Accident Case

Scott Smith obtained a $1,800,000.00 settlement for an injured client that was involved in a commercial motor vehicle crash in 2020 in Palm Beach County, Florida. While at a complete stop waiting for the traffic in front of him to move forward, the client was struck in the rear of his vehicle by a large commercial truck. The client sustained injuries to his spine as a result of the crash. He ultimately underwent a large and every extensive spine surgery at multiple levels of his thoracic spine. The matter was litigated aggressively by both sides in the matter. Scott was able to secure the settlement for the client after many depositions in the case had been taken and as the case got much closer to its scheduled trial date.

Note: It is very important to know that the Federal Motor Carrier Safety Regulations apply to all commercial motor vehicle owners (motor carriers) and truck drivers engaged in both interstate commerce and intrastate commerce in the State of Florida. Section 316.302(1)(a), Florida Statutes, states “All owners and drivers of commercial motor vehicles that are operated on the public highways of this state while engaged in interstate commerce are subject to the rules and regulations contained in 49 C.F.R. parts 382-386 and 390-397.” Section 316.302(1)(b), Florida Statutes, also states “Except as otherwise provided in this section, all owners and drivers of commercial motor vehicles that are engaged in intrastate commerce are subject to the rules and regulations contained in 49 C.F.R. parts 382-386 and 390-397, as such rules and regulations existed on December 31, 2023.” The Federal Motor Carrier Safety Regulations are a set of safety rules in the United States of America that regulate and govern large trucks, commercial motor vehicles, trucking companies and buses in the USA. The Federal Motor Carrier Safety Regulations are created and promulgated by the Federal Motor Carrier Safety Administration (FMCSA). The Federal Motor Carrier Safety Regulations cover areas, topics and/or subjects such as truck driver qualifications, training and licensing, Hours-of-Service limits for truck drivers, drug and alcohol testing, commercial motor vehicle inspection, repair and maintenance, cargo securement, accident reporting, medical and health fitness compliance and the insurance and financial requirements for trucking companies (motor carriers) and truck drivers. In Section 390.5 of the Federal Motor Carrier Safety Regulations, which has been adopted in Florida, a “Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle – (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.” Section 316.003(14), Florida Statutes also indicates that a commercial motor vehicle is “Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle: (a) Has a gross vehicle weight rating of 10,000 pounds or more; (b) Is designed to transport more than 15 passengers.” Section 391.11 of the Federal Motor Carrier Safety Regulations outlines the general qualifications of drivers. In Section 391.11(a) it is indicated that “A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in §391.63, a motor carrier shall not require or permit a person to rive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.” Pursuant to Section 391.11(b) of the Federal Motor Carrier Safety Regulations a person is qualified to drive a commercial motor vehicle if he/she (1) Is at least 21 years old; (2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records; (3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives; (4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part; (5) Has a currently valid commercial motor vehicle operator’s license issued only by one State or jurisdiction; (6) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and (7) Has successfully completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with § 391.31, or has presented an operator’s license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33. Pursuant to Section 391.41 of the Federal Motor Carrier Safety Regulations, titled “Physical Qualifications of Drivers”, a person “must not operate a commercial motor vehicle unless he or she is medical certified as physically qualified to do so.” Section 391.41(a)(3) states “A person is physically qualified to drive a commercial motor vehicle if: (i) That person meets the physical qualification standards in paragraph (b) of this section and has complied with the medical examination requirements in § 391.43; or (ii) That person obtained from FMCSA a medical variance from the physical qualification standards in paragraph (b) of this section and has complied with the medical examination requirement in § 391.43.” Any lawyer in the State of Florida who intends to help and represent the victim of a truck accident must have a significant understanding of and experience with the Federal Motor Carrier Safety Regulations. Scott Smith has handled dozens of serious Florida personal injury and wrongful death cases caused by the negligence of a truck driver or by the negligence of the trucking company itself. Scott Smith is regularly considered one of the most experienced, knowledgeable, best and successful trial lawyers in Florida in handling truck accident cases. Scott Smith has spoken and/or lectured throughout Florida about how to best handle and pursue truck accident matters for injured clients.

$1,375,000.00 Settlement in Car Accident Case

Scott Smith successfully settled a car accident case for an injured client in the total amount of $1,375,000.00 following a car crash that the client was involved in on U.S. Highway 1 in the area of PGA Boulevard in Palm Beach Gardens, Palm Beach County, Florida. The vehicle the client was a passenger in was rear ended by the at-fault driver’s motor vehicle. Scott obtained the body-worn camera video footage from the responding and investigating law enforcement officer that allowed for additional proof of how significant the crash was. The client suffered injuries to her cervical spine (neck) and her lumbar spine (low back). The client ultimately underwent a multi-level cervical spine discectomy and fusion following the crash. Scott litigated the case aggressively and extensively to allow for the large $1,375,000.00 settlement to be obtained for the client.

$1,300,000.00 Policy Limits Settlement in Car Accident Case

Scott Smith obtained a policy limits settlement of $1,300,000.00 for an injured client who was involved in serious motor vehicle accident in February of 2025 on Donald Ross Road in Palm Beach County, Florida. While traveling on Donald Ross Road, Scott’s client was violently rear ended by the at-fault driver’s motor vehicle. Scott filed a lawsuit at the Palm Beach County Courthouse on behalf of his client alleging the negligent driving actions of the at-fault driver. Scott sought and ultimately recovered significant damages for his client for all of her injuries that included surgical intervention for a fracture of the client’s upper arm. The case had to be litigated aggressively by Scott for his client as the involved insurance company was not agreeable to tendering the policy limits, but by way of the litigation process and the application of significant pressure placed on the insurance company by Scott the policy limits were tendered to the client as the case got closer to its trial date. This case was yet another example of how Scott always fights to the absolute bitter end to obtain and secure the largest amount of compensation possible for his clients.

$1,994,683.97 Arbitration Award in Transportation Network Company (TNC – Rideshare Company) Accident Case

Scott Smith obtained a $1,994,683.97 arbitration award for his injured client who was the victim of a transportation network company and/or rideshare company accident that occurred in 2023 in Jupiter, Palm Beach County, Florida. At the time of the crash, Scott’s injured client was a backseat passenger in a motor vehicle being driven and operated by a transportation network company (TNC) driver. The TNC and/or rideshare company driver had picked up Scott’s client and was driving him to his house. Unfortunately, the TNC and/or rideshare company driver crashed into the rear of another motor vehicle at a high rate of speed causing acute and traumatic injuries to the face, teeth, head, neck, back and shoulders of Scott’s client. Following the crash, Scott filed a personal injury lawsuit against the TNC and/or rideshare company and the TNC and/or rideshare company driver. During the course of the litigation process, an arbitration was conducted and Scott obtained a $1,994,683.97 award for his client.

The matter remains pending against the TNC and/or rideshare company and its driver. This case involving a TNC company and/or rideshare company has highlighted Section 627.748, Florida Statutes, titled “Transportation Network Companies.” Section 627.748(1)(e), Florida Statutes , defines a “Transportation Network Company” or “TNC” as “an entity operating in this state [Florida] pursuant to this section using a digital network to connect a rider to a TNC driver, who provides prearranged rides.” Knowledge of and experience with Section 627.748, Florida Statutes, is critical in ensuring that a full and just recovery is made for the victim of a motor vehicle accident involving a Transportation Network Company and TNC driver. For example, Section 627.748(7), Florida Statutes, titled “Transportation Network Company and TNC Driver Requirements” specifically requires that a Transportation Network Company or TNC driver “shall maintain primary automobile insurance.” The statute makes a distinction as to how much insurance coverage is required while a “TNC driver is logged on to the digital network but is not engaged in a prearranged ride” as compared to while a “TNC driver is engaged in a prearranged ride.” In the first scenario auto insurance that provides “primary liability coverage of at least $50,000.00 for death or bodily injury per person, $100,000.00 for death and bodily injury per incident, and $25,000.00 for property damage” is required. In the second scenario “primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage” is required. In addition, to the insurance coverage required to be secured and carried by a Transportation Network Company and TNC driver, Section 627.748(12) tilted “Transportation Network Company Driver Requirements” requires the Transportation Network Company to conduct a thorough background check “Before an individual is authorized to accept a ride request through a digital network.” Pursuant to Section 627.748(12)(2), Florida Statutes “The TNC [Transportation Network Company] must conduct, or have a third-party conduct, a local and national background check that includes: a. A search of the Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation of any records through primary source search; and b. A search of the National Sex Offender Public Website maintained by the United States Department of Justice.” The TNC must also obtain and review a driving history research report for the TNC driver applicant. As one would expect, the Transportation Network Company may not authorize an individual to act as a TNC driver on its digital network if the background check reveals that the TNC driver has been convicted of certain crimes or is a “match in the National Sex Offender Public Website maintained by the United States Department of Justice.” Although Section 627.748, Florida Statutes, was not initially created until 2017, the statute and the law surrounding Transportation Network Companies is evolving with trial court and appellate court decisions. It is critical that the injured victims lawyer be very knowledgeable with Section 627.748 and the appellate decisions interpreting such Florida Statute. Scott Smith has successfully handled many cases involving Transportation Network Companies, such as Lyft and Uber, for his injured clients. Scott Smith is very familiar with and highly knowledgeable as to every section and subsection of Florida Statute 627.748. Based upon his extensive experience in handling many car accidents involving Uber and Lyft drivers, Scott Smith is consistently listed as one of the best and most experienced lawyers in the State of Florida in pursuing personal injury and wrongful death matters against Transportation Network Companies, such as Uber and Lyft, and their TNC drivers. If you have been injured in an Uber or Lyft accident anywhere in Florida, Scott Smith is available to help you and fight for you so that you obtain the largest recovery possible under the evolving law involving Transportation Network Companies, such as Uber and Lyft.