West Palm Beach Personal Injury Attorney
Ben J. Whitman

Ben J. Whitman

Associate

Biography

Ben J. Whitman is an attorney at Clark Fountain in West Palm Beach - his practice is concentrated on complex liability and catastrophic injury or wrongful death cases throughout Florida and the United States with an emphasis on product liability matters. Since joining Clark Fountain in 2016, Mr. Whitman has proudly recovered tens of millions of dollars on behalf of his clients.

Currently, Mr. Whitman represents clients injured or killed as a result of dangerous and unsafe products such as defectively designed and manufactured vehicles (including RVs), tires, airbags, and industrial and consumer products. Mr. Whitman is also involved in matters where vehicle and tire retailers and servicers have failed to appropriately warn customers that their vehicles or component parts, such as tires and airbags, are unsafe for a variety of reasons including tires being years older than the manufacturers clear service life recommendations.

Mr. Whitman is routinely contacted by lawyers from around Florida and the nation to become involved in significant and complex litigation matters which require expertise in handling multi party litigation and complex liability scenarios. He is currently involved in wrongful death and spinal cord injury claims resulting from tire failure and roll over accidents in Florida, Nevada, Arizona, Missouri, and Georgia.

Outside of his litigation practice, Mr. Whitman is actively involved with the Florida Justice Association (FJA), an organization devoted to protecting the civil justice system and advocating for the rights of Florida’s citizens and consumers. He is currently serving a two year position on the Board of Directors of the Young Lawyers Section of the FJA and has participated directly in lobbying efforts in Tallahassee, Florida. Mr. Whitman also serves as the Chair of the Palm Beach County Justice Association Young Lawyers Board.

Mr. Whitman is also involved in his community with a focus on speaking to elementary aged school children about the practice of law and the justice system. As part of his pro – bono practice, Mr. Whitman has been appointed as a Guardian Ad Litem on various cases where the laws and statutes require an attorney to review a proposed personal injury settlement on behalf of a minor child and ensure the best interests of the minor child are protected by the settlement and the disbursement of the funds.

Prior to joining Clark Fountain, Mr. Whitman was an attorney at one of Florida’s most established insurance defense firms where he litigated cases on behalf of the world’s largest insurers. His tenure as a defense lawyer provides Mr. Whitman with an insight into the mindset of insurance adjusters, corporate defendants, and defense attorneys in their valuation of claims and litigation strategies. He uses this background to maximize the value of his client’s cases and ensure that they receive full compensation for their injuries. Mr. Whitman’s family is deeply rooted in the practice of law – his father is a highly regarded trial attorney in Jacksonville, Florida and his brother maintains a wide-ranging aviation and business litigation practice in Dallas, Texas.

Contact Ben at bwhitman@clarkfountain.com.

Education
  • J.D., Florida State University
  • B.A. Cum Laude, University of Florida
Awards & Honors
  • Florida Justice Association’s YLS Chairman’s Award (2016-2017)
Bar Admissions
  • Florida
  • U.S. District Court for the Southern District of Florida
  • Special Pro Hac Admission in Nevada
Professional Memberships
  • Legal Aid Society of Palm Beach County
  • Florida Justice Association
    • Board of Director, Young Lawyers section (2016 – 2018 term)
    • Co-Chair, Mentorship Committee
    • Member, Auto Insurance Committee
    • Member, CLE Committee
  • ​Palm Beach County Justice Association
    • Chair, Young Lawyers Board (2018)
Community Involvement
  • 2015 -Speaker, Ethical Governance Day (Miami Dade County Commission on Ethics and Public Trust)
  • 2016 – Volunteer, Pathfinder High School Scholarship Awards (Academic Excellence Category)
  • 2016 – Volunteer, Law Week Mock Trial Program (Panther Run Elementary School – Wellington, Florida)
  • 2017 - Volunteer, Law Week Mock Trial Program (Seminole Trails Elementary - West Palm Beach, Florida)
  • 2017 - Volunteer, Career Day (Liberty Park Elementary School - Greenacres, Florida)
  • Guardian Ad Litem – appointed by various trial courts to serve as an independent attorney to review settlements on behalf of minor children and ensure they are executed properly and in the best interests of the minor child.
Personal

Mr. Whitman was born in Jacksonville, Florida.

Legal Victories
  • A six figure settlement that was four times the available policy limits for the mother of a 12 year old boy who was ejected from a vehicle directly into oncoming traffic and killed by a semi truck tractor after the vehicle suffered a tire failure. The insurance company for the driver of the vehicle failed to make appropriate offers to timely settle the case and ultimately paid many times the policy limits to avoid an excess judgement and a bad faith lawsuit. The case is ongoing against the insurance company for failure to preserve crucial evidence.
  • A series of successful settlements in a wrongful death claim on behalf of a family whose mother was killed because various tire servicers and retailers negligently failed to warn a 79 year old woman that the tires on the rear axle of her vehicle were 13 years old. Tragically, both tires failed - within eight miles of each other - due to oxidation or aging of the tires. When the second tire failed, the vehicle rolled multiple times resulting in the woman's death. Clark Fountain was contacted and retained by out of state attorneys to handle this wrongful death case because of the firm’s prior experience and expertise in handling tire failures and roll over cases. Suit was filed against multiple parties and litigated extensively – over thirty (30) depositions were conducted in over eight different states and multiple days of highly contested pretrial hearings were completed. On the eve of trial, the defendants finally agreed to pay a series of settlements which appropriately compensated the survivors for the loss of their mother.
  • A series of confidential settlements on behalf of a retired couple who were operating their RV when a tire on the steer axle failed, causing the RV to leave the highway at high speeds and impact several large trees and resulting in significant injuries to both clients. Mr. Whitman brought and resolved claims against the tire manufacturer, the RV chassis manufacturer, the motorhome manufacturer, and the used re-seller of the RV without having to file a formal lawsuit.
  • A successful six figure settlement in a wrongful death case in Melbourne, Florida. One of the more meaningful cases he has been involved in, Mr. Whitman was hired by a family who tragically lost their 29 year old daughter and sister when she was killed while crossing the street by an out of state motorist. The family had been advised by numerous lawyers that the liability was simply too difficult and that no recovery could be made. Mr. Whitman immediately investigated the circumstances of the accident, which included hiring an accident reconstruction expert who traveled to Pennsylvania to inspect the property damage to the vehicle in order to correlate the vehicle damage to the location of the impact with the decedent. Ultimately, the insurance company paid the full policy limits provided under the out of state motorist's policy.
  • Policy limits recovery for a woman (nine months pregnant at the time of the incident) who suffered a significant arm fracture as the result of an overly aggressive air bag deployment during a very low speed and low impact collision. Mr. Whitman was retained by another lawyer to investigate the possibility of a products liability case against the manufacturer of the vehicle and airbag system. The firm’s investigation revealed that the vehicle was sold to the client’s family after being involved in multiple prior incidents and was likely rebuilt using untrained mechanics and after-market parts. Initially, the insurance company offered a nuisance value settlement. A lawsuit was filed against the used car dealership that sold the vehicle without warning of the potentially dangerous airbag system and shortly thereafter the case was settled for all of the available insurance proceeds.
  • A six figure settlement on behalf of a 27 year old man who had three fingers on his dominant hand unintentionally amputated due to a defectively designed meat grinder. The product at issue was manufactured in Italy, imported to Canada and ultimately the United States where it was placed into the stream of commerce in New York State. The client was utilizing the meat grinder in a commercial kitchen when the injury occurred and Mr. Whitman was able to negotiate a pre suit settlement with the importer and employer.
  • A series of confidential settlements on behalf of the family of a loving wife and mother of three daughters who was tragically killed when a drunk driver rear ended the family’s van causing it to leave the roadway and impact a massive concrete pole. Mr. Whitman litigated this case with 17 parties regarding the engineering, design, construction, selection, manufacture, and placement of the concrete pole at issue.
Speaking Engagements
  • Debris or Defect? What to Look for to Determine if a Tire Blowout was Caused by Road Debris or a Tire Defect.” Florida Justice Association Workhorse Seminar, March 3, 2017

  • Practical Tips For Preparing For And Taking Depositions As A New Attorney.” Florida Justice Association Law School Outreach Seminar (Florida State College of Law), March 23, 2017

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