Areas of Practice
Civil Trials in State & Federal Court
Our maritime firm has vast experience handling civil trials in state and federal courts, as well as land-based civil claims.
Our firm handles civil actions from the initial filing of the case through trial, appeals, and collections of verdicts. We try many cases before both state and federal juries as well as before judges in admiralty proceedings. In addition, our firm also has extensive experience with land-based civil trial claims.
Maritime claims are subject to supplementary rules under federal civil procedure. There are specific processes that must be followed for maritime cases. Because the laws for civil procedure are set forth in a manner that differentiates maritime claims from general civil claims, it is a good idea to seek the skilled and experienced representation of a civil trial attorney. Lipcon, Margulies, Alsina & Winkleman, P.A. are knowledgeable civil trial lawyers in Miami, Florida who can help you fight for your rights in state or federal civil court.
Will My Civil Trial Case be Heard in State or Federal Court?
Admiralty law cases fall under the jurisdiction of state and federal courts, if the case involves navigable bodies of water in and around the U.S. including lakes, rivers, and oceans. If the damages for a given civil trial claim occur in any body of water that connects one state to another, the civil case will most likely be heard in federal court. However, if the damages for a given civil trial claim occur in bodies of water that are bound within a given state or in bodies of water that do not connect one state to another, then the claim will likely be heard in state court. Because maritime lawsuits generally involve issues of national interest and have implications on national commerce or commerce between states, most admiralty civil trial claims are heard by federal courts. However, some cases, while occurring in bodies of water, do not have national interest or implication on national commerce. These cases are better handled by state courts.
It can be difficult to know whether your civil trial case should be heard on the state or federal level. It is important to seek the advice of a skilled civil lawyer before proceeding. Failure to properly make your civil claim with the appropriate presiding court can delay your case or even result in the statute of limitations running out. Individuals facing maritime civil trial cases should always seek experienced maritime counsel. Our firm that has years of experience handling a range of maritime and land-based civil cases and will help you find the appropriate and best forum for your lawsuit.
Protecting Your Right to Justice
The civil trial attorneys at Lipcon, Margulies, Alsina, & Winkleman, P.A. have successfully litigated a range of civil cases, including several landmark civil and federal trial cases. For instance, in 1995, a federal court ruled that cruise lines were required to pay a sick cruise worker’s anticipated lost tips as part of the cruise worker’s sick wages. The firm also has experience in handling non-maritime civil cases as well as land-based civil trials.
Civil cases have been handled by members of our firm in Florida, Colorado, New York, California, Arizona, Texas, Ohio, and Louisiana. Because maritime cases often involve ships registered in foreign countries, it is important to find a maritime lawyer able to handle international cases as well. We have also worked in conjunction with other firms to handle litigation in foreign countries such as India, Netherlands, Isle of Mann, England, Greece, Germany, Jamaica, and the Turks & Caicos Island. Learn more of our previous cases here.
If you have considered filing a civil case, contact a civil attorney at our firm today to request a free consultation and review your options.