Brandon M. Polsky - Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Profile

Brandon M. Polsky is a partner in Wicker Smith’s Fort Lauderdale office, handling complex aviation matters and automotive negligence cases.

In his aviation practice, Brandon regularly represents major airlines, aircraft operators, fixed-based operators, aviation product manufacturers, and various insurance carriers handling claims arising from alleged pilot error, maintenance and product defects, air carrier operations, and airport premises issues. He also represents air carriers, maintenance facilities, and manufacturers during NTSB investigations following aircraft accidents. As a trial lawyer handling automotive negligence cases, Brandon represents national insurers and their insured drivers in bodily injury claims with significant damages and potential exposure, including spinal injuries, traumatic brain injuries, and other catastrophic injuries.

Brandon’s integrated practice allows him to translate complex engineering and regulatory concepts into compelling defense themes across forums. He is adept at conducting in-depth investigations and managing multi‑party discovery and motion practice from the onset of the initial claim and through every step of the litigation process. Whether in the wake of an aircraft incident or a multi‑vehicle collision, he focuses on early case evaluation, strategic expert development, and efficient resolution.

In addition to his skills as a litigator, Brandon was selected by the President of The Florida Bar to serve on the Aviation Law Committee in 2022. The scope and function of the Committee is to study recent developments in law, legislation, and regulations in the field of aviation law and inform members of the Bar of significant developments. He is also a Student Pilot, currently working towards completing his Private Pilot Certification.

Outside of the office, Brandon is a devoted father and dog dad.

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Credentials

Education

Nova Southeastern University Shepard Broad College of Law (J.D., 2018)
Lynn University (B.S., magna cum laude, 2015)

Representative Matters

Dismissal of All Claims Upheld on Appeal

We defended an aircraft repair facility against claims of corrosion that allegedly occurred due to routine aircraft cleanings. We successfully obtained a dismissal of all claims against our client and the dismissal was affirmed on appeal by Florida’s Fourth District Court of Appeal.

In re: International Air Crash Litigation

We have represented several major air carriers throughout the years with accident investigation and litigation arising from the Montreal Convention and Warsaw Convention for aircraft accidents occurring both within and outside the United States.

Favorable Outcome in Alleged Traumatic Brain Injury Accident

Contested liability case in which Defendant turned left in front of Plaintiff. The Plaintiff made claims of permanent injuries to his neck and low back, as well as claims of PTSD, TBI, anxiety, depression and vision loss. Plaintiff asked for $5.3 million in the closing argument. The jury found that Plaintiff did not sustain permanent injury, and returned a verdict placing 40% negligence on the Plaintiff and awarding $113,985.

Favorable Verdict: Broward County, Florida (Automobile Negligence)

Fort Lauderdale partner, Theresa Caccippio, and associate, Brandon Polsky, obtained a favorable verdict in an automobile negligence case in Broward County in November. We represented the carrier in this disputed liability UIM claim, wherein the Plaintiff was rear-ended while riding a motorcycle. Plaintiff claimed injuries to their cervical and lumbar spine, left shoulder, and left and right wrist, with over $250,000 in medical bills. After a four day trial, Plaintiff asked the jury for almost $900,000. After two hours of deliberation, the jury assigned 30% comparative negligence to the Plaintiff and awarded a total of $236,410. That amount will be reduced to $165,487 after reductions for liability, and is lower than our last offer before trial. Congratulations Theresa, Brandon, and the entire team for their hard work on this file.

Favorable Verdict: Volusia County, Florida (Auto Negligence)

Jacksonville Partner, Chris Brown, and Fort Lauderdale Associate, Brandon Polsky, obtained a favorable verdict in an auto negligence case in Volusia County, Florida. This case involved an admitted liability motor vehicle accident in which we represented an insurance carrier for an underinsured/uninsured claim. Plaintiff claimed injuries to his eyes, neck, and shoulder, as well as a traumatic brain injury, with $125,000 in medical bills. After jury selection, Plaintiff dropped the traumatic brain injury claim and all medical bills, and informed the jury they would only be seeking damages for pain and suffering, in the amount of $700,000. Plaintiff was a very likeable retiree, and his counsel leaned heavily on sympathy in the presentation of their case. The Plaintiff’s treating radiologist did not state his opinions were within a reasonable degree of medical probability, and the treating eye surgeon conceded no permanent injury. However, the defense of the case was complicated by the concession of the defense radiologist that Plaintiff had incurred a sprain/strain to the cervical region as a result of the accident, which healed on later films. After five days of trial, the jury awarded $300,000 in pain and suffering. The final award will be reduced to an amount within the policy limits after the application of various set-offs.

Practices

Education

Nova Southeastern University Shepard Broad College of Law (J.D., 2018)
Lynn University (B.S., magna cum laude, 2015)

Credentials

Admitted to Bar

2019, State of New York
2021, State of Florida
2021, U.S. District Court for the Southern District of Florida
2024, U.S. District Court for the Middle District of Florida
2025, U.S. District Court for the Northern District of Florida

Professional Affiliations

Florida Bar Association
Broward County Bar Association
New York State Bar Association
Aircraft Owners and Pilots Association (AOPA)