Areas Of Practice

• Appeals
• General Civil Litigation & Insurance Defense
• Insurance Coverage & Bad Faith
• Property Damage Claims

Lara J. Edelstein is a partner with the firm’s Appellate Practice department based in the Boca Raton office. Ms. Edelstein has extensive experience in appellate law, having argued hundreds of cases in the appellate courts throughout Florida, including the Supreme Court of Florida. Ms. Edelstein is also admitted to practice law in Georgia, where she has handled several appeals.

Lara began her career as an Assistant Attorney General representing the State of Florida in criminal appellate proceedings. Ms. Edelstein also spent ten years as in-house appellate counsel to an automobile insurer where she handled No Fault/Personal Injury Protection appeals and provided litigation support to the staff attorneys. Lara also has experience in first party property cases, bad faith litigation, personal injury and premises liability matters, as well as Workers’ Compensation appeals.

In her free time, Lara enjoys travelling, attending concerts and shows, and watching college football.

Admissions

• Florida, 1996
• Georgia, 1995
• Court of Appeals of Georgia, 2017
• The Supreme Court of Georgia, 2018
• United States Supreme Court, 2008
• United States District Court
  • Northern District of Florida, 2001
  • Middle District of Florida, 2000
  • Southern District of Florida, 1998
• United States Court of Appeals, 11th Circuit, 2016

Memberships

• The Florida Bar
  • Appellate Practice Section, 2021-present
• The State Bar of Georgia
  • Appellate Practice Section, 2021-present
• Florida Defense Lawyers Association, 2023 – present
• Fourth District Court of Appeal Historical Society, 2021-present
• North Dade Bar Association, Social Chairperson, 2017-2018
• Jewish Lawyers Association of Palm Beach County, 2024 – present

Representative Cases

• Ms. Edelstein successfully defended against an appeal brought by a plaintiff in a slip-and-fall case after summary judgment was entered in favor of the defendant.  The Sixth District Court of Appeal affirmed the decision, rejecting Plaintiff’s argument that the surveillance video established that the defendant had constructive knowledge of the substance on the ground for a sufficient time prior to the plaintiff’s fall.  We argued that there were no disputed issues of material fact that the condition existed for a sufficient length of time to establish constructive knowledge.
• Ms. Edelstein prevailed in an appeal of a fee judgment entered in a Personal Injury Protection case where the plaintiff had only recovered statutory interest.  The Third District Court of Appeal reversed the fee judgment holding that under section 627.736(10)(d), Florida Statutes, an overdue “claim” relates only to the overdue medical bills, and not the interest and statutory penalty.  Since the insurer paid the overdue medical bills within thirty days of receipt of the pre-suit demand letter, and the plaintiff obtained only an award of interest, the insurer was not liable for attorney’s fees.
• Ms. Edelstein successfully defended two separate appeals involving first-party property actions.  In both cases, the insured claimed damage to the property caused by Hurricane Irma in 2017.   But neither insured timely reported the loss to the insurer.  In an appeal before the Second District Court of Appeal, the claim was not reported until June of 2020 after numerous repairs were completed.  The insurer denied the claim based on prejudice resulting from late notice of the claim, and after suit was filed, successfully moved for summary judgment on that basis.  The Second District Court affirmed, rejecting the plaintiff’s argument that the insured did not immediately discover the damage and arguably gave prompt notice after being informed by professionals that he needed a roof replacement.  In the appeal before the Third District Court, the claim was not reported for over two years.  The trial court entered summary judgment in favor of the insurer finding that the notice was not prompt and that the insurer was entitled to a presumption of prejudice.  The Third District Court affirmed, citing to another case in which the Court held there was no genuine issue of material fact as to the timeliness of the loss and prejudice to the carrier.
• Ms. Edelstein prevailed in an appeal of a summary judgment in favor of the defendant homeowner in a trip-and-fall case.  The plaintiff had attempted to cross over the defendant’s property to access a public sidewalk to walk her dog, but tripped over the corner of the driveway apron where the concrete was broken and raised, and sustained injuries.  The trial court entered summary judgment in favor of the defendant finding that the plaintiff was an uninvited licensee and not a public invitee.  The Second District Court affirmed and agreed that the plaintiff was an uninvited licensee.  The Court held that the condition of the broken concrete at the end of the driveway was an open and obvious condition, and the defendant did not breach any duty owed to the plaintiff.