Our Award Winning Maritime Lawyers Handle Accidents, Injuries and Assaults at Sea
Whether you are crew or a passenger aboard a ship, you have a multitude of rights if you suffer an injury, lose a loved one, or are the victim of a sexual assault or rape at sea. Unfortunately, trying to navigate the complexities of maritime law is nearly impossible for the victims and their loved ones, especially while they are trying to deal with the many complications that come along with a traumatic and painful injury or assault.
Cruise liners, shipping companies, and other defendants who fall under maritime law do not make the process of seeking fair compensation easy, as they fight to avoid liability by having their own maritime attorneys, who are very experienced at handling maritime defense cases.
Working with an experienced maritime lawyer that is on your side is one of the best ways to navigate this process. The team of attorneys at Lipcon, Margulies & Winkleman, P.A. has been practicing maritime law for over 50 years, has received the highest awards and accolades given in the industry, and a history of thousands of successful maritime law cases – giving you the knowledge and experience that you can trust.
Partner With the Nation’s Leading Maritime Law Firm
Lipcon, Margulies & Winkleman, P.A. (LM&W, P.A.) is a well-respected and awarded maritime injury firm based in Miami, Florida, but represents clients all over the world. From our offices in Florida, Georgia, Colorado, Washington, Hawaii and our headquarters in Miami, we can file cases in the appropriate jurisdiction. Our satellite offices are strategically located so that we can file you case where most of the shipping companies have their main offices.
With 14 full-time maritime attorneys at our law firm ready to help you fight for what you are owed for your maritime personal injury, we encourage you to contact us as soon as possible for a free consultation and to get specific legal advice on how best to move forward with your case. Whether working on wrongful death claims, claims for injured workers or cruise ship passengers, boating or jet skiing accidents, incidents that fall under the Jones Act, or countless other maritime claims, we are here to help.
Three Attorneys Named Best Lawyers in America
Lipcon, Margulies & Winkleman, P.A. is the only maritime firm representing injured passengers and crew with three attorneys named to Best Lawyers® in America and the firm named to Best Law Firms® by US News & World Report consistently year after year.
Founded in 1971, we have fought tirelessly for more than 50 years to help our clients injured at sea obtain the maximum recovery under maritime law.
Contact Lipcon, Margulies & Winkleman, P.A. To Request a Free Consultation with a Maritime Personal Injury Attorney Today
Contact our Miami, FL maritime lawyer headquarters today to request your free consultation. We are prepared to represent you in state and federal courts, the appropriate admiralty jurisdiction, whether through domestic or international laws and even through class-action litigation. If you are looking for a Florida bar board-certified trial lawyer with extensive trial and appellate practice, look no further than Lipcon, Margulies & Winkleman, P.A. We are recognized as the largest maritime law firm in the United States, and Charles Lipcon, Jason Margulies and Michael Winkleman have all been named Best Lawyers® in America for 2022.
- What Is A Maritime Lawyer?
- TV Appearances
- Meet Our Lawyers
- Landmark Cases
- Types of Cases We Handle
- Locations Served
- Get The Help You Deserve Now
Maritime law focuses on activities that occur on navigable waters. Maritime law governs international waters and waters that fall under the jurisdiction of individual nations; maritime lawyers must be knowledgeable about those laws.
What Is A Maritime Attorney?
The types of cases that a maritime lawyer handles include shipboard accidents on commercial vessels and passenger vessels; boating accidents; cruise ship and shore excursion accidents, such as those involving snorkeling or parasailing, cruise ship rape; and Jones Act claims. These cases involve serious personal injury due to negligence or criminal behavior. If you’re uncertain whether your case requires a maritime attorney, contact Lipcon, Margulies & Winkleman, P.A. for a free consultation with a maritime lawyer at our law firm.
General maritime law applies to maritime accidents in navigable bodies of water. Due to the unique nature of maritime law, a maritime lawyer must have significant additional training and education to ensure that they understand and can handle the complex and nuanced cases that stem from accidents and torts that occur at sea.
Maritime attorneys must be fluent in personal injury law, but this is only the start of how much understanding they must have to practice law as a maritime attorney. The types of cases that maritime lawyers handle include ship accidents, Jones Act claims (essentially, workers’ compensation claims for maritime workers), seaman’s claims, maritime wrongful death, assault, and rape. Because many of these claims occur on cruise ships, cargo ships, oil rigs, and other types of vessels, they require attorneys familiar with the nuances of maritime law and capable of practicing law in this field.
The attorneys at Lipcon, Margulies & Winkleman, P.A. are known throughout the legal community and have developed a reputation as industry leaders. News networks like ABC, CBS, NBC, CNN, and FOX News have featured our maritime law authorities on their networks when they need an expert opinion about a legal matter occurring at sea. Our named partners have made appearances on the Today Show, Dr. Oz, Good Morning America, Nightline, and many others.
Established news media outlets seek the legal opinions and expertise of our team of Miami maritime lawyers because we can provide thorough, informed, and concise information in a way that’s digestible to their audiences. There is a reason why our attorneys have appeared on every single major news network, literally hundreds of times. We are the go-to resource for knowledge, expertise, and information regarding anything that happens on the water.
Meet Our Maritime Lawyers
The maritime and admiralty attorneys at Lipcon, Margulies & Winkleman, P.A. have been dedicated to helping victims of maritime accidents, injuries, assaults, and wrongful death since 1971. Our lawyers have served on the Maritime Law Association such as the Florida Admiralty Trial Lawyers Association, the Admiralty Law Committee for the Florida Bar, the Southeastern Admiralty Law Institute, and more. Meet our world-famous team of 14 board-certified maritime attorneys:
Best Lawyers in America
Best Law Firms (US News)
Multi-Million Dollar Advocates Club
Million Dollar Advocates Club
Best Law Firms (US News)
Best Law Firms (US News)
Top 50 Personal Injury Verdicts in Florida in 2017
$875,000 Crewmember class action wage claim
Vessel Documentation & Finance
Recreational Boating Claims
Marine Property Damage Claims
Maritime Contract Claims
Our firm of Miami maritime lawyers is constantly pushing boundaries by representing — and winning — landmark cases that set a precedent for all cases going forward. This cutting-edge understanding of maritime law is only one of the reasons why hiring Lipcon, Margulies & Winkleman, P.A. for your Miami maritime law case is an easy decision to make.
Our impressive list of landmark cases includes the following:
Appellate Opinion in K.T. vs Royal Caribbean Cruises, LTD
This is a landmark decision that will require every cruise line to warn passengers about the risk of rapes and sexual assaults on their vessels. LMAW obtains landmark Appellate Court decision in a case where a teenage girl was raped while aboard Royal Caribbean Cruise ship
This is a landmark decision that will require every cruise line to warn passengers about the risk of rapes and sexual assaults on their vessels. LMAW obtains landmark Appellate Court decision in a case where a teenage girl was raped while aboard Royal Caribbean Cruise ship finds that cruise lines have a duty to warn passengers about the risk of rapes and sexual assaults on their cruise ships. This critically important decision shines a much-needed light on the hidden epidemic of rapes and sexual assaults on the high seas.
First Class Action in Admiralty Allowed
HERNANDEZ v. The MOTOR VESSEL SKYWARD 61 F.R.D. 558 (S.D. Fla. 1973)
PROCEDURAL POSTURE: In an action for breach of contract, negligence, and breach of implied warranty of fitness arising out of a pleasure cruise during which the passengers and the crew were exposed to contaminated food
HERNANDEZ v. The MOTOR VESSEL SKYWARD 61 F.R.D. 558 (S.D. Fla. 1973)
PROCEDURAL POSTURE: In an action for breach of contract, negligence, and breach of implied warranty of fitness arising out of a pleasure cruise during which the passengers and the crew were exposed to contaminated food or water, plaintiff passengers filed a motion to certify their action against defendant cruise line as a class action pursuant to Fed. R. Civ. P. 23(b)(1)(A).
OVERVIEW: The cruise line contended that a mass tort or mass accident case was unsuitable for class action treatment. The court held that only the negligence issue was available for class treatment because a ruling on that issue would be applicable to any prospective claimant and the requirements under Fed. R. Civ. P. 23 for class treatment of that issue were present in the case. The other issues pertaining to proximate cause, contract liability, adequacy of medical treatment afforded to each passenger, and damages were individual in nature and could not be certified for class treatment. The court held that the interests of all concerned would be advanced by a single determination of the negligence issue under Fed. R. Civ. P. 23(c)(4)(A).
OUTCOME: The court certified for class treatment the single issue of negligence in the preparation of food and water provided to the passengers.
Error in Medical Negligence Case to not Allow Interrogatories Regarding Textbooks Regarded as Authoritative by Defendant Physician
BUGA v. WIENER, M.D. 277 So. 2d 296; (Fla. App. 4th 1973)
PROCEDURAL POSTURE: The plaintiffs, patient, and her husband sought review of a decision from the Circuit Court, Broward County (Florida), which, based upon a jury verdict, entered judgment in favor of defendant physician on plaintiffs’ medical malpractice complaint
BUGA v. WIENER, M.D. 277 So. 2d 296; (Fla. App. 4th 1973)
PROCEDURAL POSTURE: The plaintiffs, patient, and her husband sought review of a decision from the Circuit Court, Broward County (Florida), which, based upon a jury verdict, entered judgment in favor of defendant physician on plaintiffs’ medical malpractice complaint. The plaintiffs sought damages for the defendant’s alleged negligence in treating the plaintiff patient, and on an alternate theory of liability, based upon a breach of contract claim.
OVERVIEW: The plaintiffs, the patient, and her husband filed a complaint against the defendant physician, charging that the defendant negligently performed a manipulation of the plaintiff patient’s knee. As an alternate theory of liability, the complaint charged that the defendant entered into a contract with the plaintiff patient to perform manipulation to eliminate stiffness in her knee, but breached the contract because the manipulation resulted in a locked leg. Based upon a jury verdict, the lower court entered judgment in defendant’s favor. The plaintiffs contended that the lower court erred in sustaining the defendant’s objections to several of plaintiffs’ interrogatories and that the lower court erred in instructing the jury. The appellate court reversed and remanded for a new trial. The appellate court held that two of the contested interrogatories were valid as being reasonably calculated to lead to admissible evidence because they called for a listing of textbooks recognized by the defendant as authoritative to the plaintiff patient’s treatment. The appellate court further determined that the lower court’s instructions that were inconsistent with plaintiffs’ theory of recovery constituted reversible error.
OUTCOME: The lower court’s judgment in favor of the defendant physician on negligence and breach of contract claims brought by plaintiffs, patient, and her husband, was reversed and remanded for a new trial. The appellate court held that the lower court erred in sustaining an objection to two interrogatories, and the trial court’s error in giving inconsistent jury instructions constituted reversible error.
Types of Maritime Cases We Handle
The following categories give a general idea of the types of cases we cover, but personal injury law — especially maritime injury law — is complex, and these cases are not often black and white. Whether or not you believe that your case falls into any of the categories below, if you have been the victim of an injury, accident, or assault that took place at sea or offshore in any capacity, email or call us now at (877) 233-1238 for free advice on your best course of action.
- Cruise Ship Accidents
- Cruise Ship Rape
- Seamans Rights
- Boating Accidents
- Yacht Accidents
- Jet Ski Accidents
- Parasailing Accidents
- Scuba Diving Accidents
- Barge, Cargo, and Tanker Accidents
- Commercial Fishing Accidents
- Jones Act Claims
- Wrongful Death Claims
- Riverboat Accidents
- Ferry Accidents
We are proud to have a global scope for our practice with trial lawyers prepared to fight on your behalf for your maritime injury anywhere necessary. Having handled significant cases from Italy, the United States, and everywhere in between, we are prepared to take a maritime case regardless of geography.
Due to the nature of maritime law, our clients are from all around the world, and we can file a maritime injury claim on their behalf in many jurisdictions. When working with a maritime lawyer from our firm, you can rest assured that you are partnered with the best representation available. From our head office in Miami, FL, or our numerous satellite offices around the United States, we are ready and able to assist you.
LM&W, P.A maintains satellite offices in Georgia, Colorado and Seattle, Washington to allow us to best represent clients throughout the United States. Our Washington office is strategically located to best serve our West Coast clients injured on cruises that require cases to be filed in Washington State, such as Holland America Cruises. Our team also has maritime personal injury attorneys licensed in California to handle claims that must be filed in California, such as Princess Cruises.
No matter where you are located in the world, if you were injured at sea or at an international hotel or resort, do not hesitate to contact our maritime law team for a free consultation. We will let you know if we can help and guide you through the entire process until you receive the maximum compensation available under the applicable law. Let us put our 50 years of experience to work for you!
The maritime and admiralty law attorneys at Lipcon, Margulies & Winkleman, P.A. have negotiated and litigated thousands of maritime law cases throughout our over 50 year history. These are some of the most frequently asked questions that we’ve received from clients in our decades of experience.
What type of accidents fall under maritime law?
Maritime law will apply if the accident or injury occurred at sea. Therefore, if you are injured on a cruise ship, tanker, boat, jet ski, scuba diving, parasailing, snorkeling, yachting or any other type of activity at sea, a lawyer that specializes in maritime law is needed for you to have the best possible result.
Who is responsible for my personal injury if I was involved in an accident caused by an unworthy vessel
Vessel seaworthiness refers to the duty that owners have to maintain and equip their vessels properly. If an offshore worker or another type of seaman is hurt or becomes sick due to a vessel being deemed unseaworthy, the owner of that vessel can be held legally responsible for the worker’s damages.
What Is the Jones Act?
Maritime workers undertake many dangerous jobs with a very high risk of injury. Under the Jones Act, seamen who are hurt or become ill due to their job duties are entitled to sue their employers if it can be demonstrated that the vessel owner or another crew member negligently caused their injury or death.
Injured individuals and their loved ones may be entitled to file claims under the Jones Act, and working with a knowledgeable attorney can help such victims obtain the just compensation they deserve.
What should I do after an accident at sea?
The first steps after a personal injury at sea should be to make sure you are safe and receive the care you need. Report your injuries immediately. Make sure you attempt to properly document the incident by taking photographs and video of the scene of the incident. You must have your injuries attended to by a physician.
If you’re on a cruise ship, report the incident, go to the medical center, and have the ship’s doctor examine you. Make sure you keep any documentation from the doctor. Next, contact our maritime injury lawyers for a free consultation at your earliest convenience. It’s also important to know what you should not do: Do not give a statement, do not sign a waiver of liability, and do not accept a settlement without first talking to one of our maritime law attorneys.
How much does a maritime lawyer cost?
Lipcon, Margulies & Winkleman, P.A. offer consultations completely free of charge, and we operate on contingency fees, a predetermined percentage of your final award that we collect in payment. You never pay us a penny unless we make a successful financial recovery.
Where does my lawsuit have to be filed?
This largely depends on where your accident occurred, the ship’s port of registry, and the location of the company’s headquarters, among other factors. Most cruise accident injury cases are filed in the U.S. District Court for the Southern District of Florida in Miami, and that is because most cruise ticket contracts require the case to be filed there. Nonetheless, our firm proudly handles cases for accidents and injuries that have occurred worldwide.
One of the benefits of hiring an experienced maritime injury law firm, like Lipcon, Margulies & Winkleman, P.A. is that we have the resources and experience to pursue claims anywhere in the world.
When should I contact a maritime lawyer for a cruise ship injury
The earlier you contact a maritime lawyer, the better, even if you haven’t reached land yet. The sooner a member of our legal team is able to talk to you, the better informed you will be as to the steps that need to be taken to protect your claim. As an example, you should avoid making statements or speaking to anyone about the incident before speaking with us.
Can I contact a maritime lawyer from overseas after an offshore accident?
Yes. In fact, it’s recommended. There’s no requirement that you have to be in the same country as the attorney you hire. You can begin your legal action before you return to port, and we will be prepared to provide you with legal advice as you try to make sense of your situation and make your way home.
What kind of compensation can an injured cruise ship passenger receive?
Your compensation will be based on factors like the extent of your injuries, the degree of negligence that led to the accident, and your time of recovery. You should receive remuneration for your medical expenses, time off from work, and your pain and suffering. Depending on your injuries, this could be a substantial amount.
Our maritime accident firm which is headquartered in Miami, Florida, has recovered hundreds of millions of dollars from clients in settlements, awards, and landmark cases that have changed the future of maritime law.
Contact The Leaders in Maritime Law to Discuss Your Case
If you or a loved one have been involved in an accident, sustained an injury, or were assaulted while at sea or in port, or you are grieving the wrongful death of a loved one that occurred aboard a cruise ship or while at sea — reach out to us. We can help.
We are headquartered in Miami, FL, a major hub for vessels and cruise ships from all over the world. In addition to handling proceedings in Florida, our attorneys regularly litigate across the United States and represent clients all over the world
Not only does Lipcon, Margulies & Winkleman, P.A. focus specifically on admiralty and maritime law, we are nationally recognized by the highest maritime law organizations and media outlets for our contributions to maritime law and prolific history of successful outcomes in the courtroom, board room, and negotiation table.