America’s Leading Maritime Lawyers Handling Accidents, Injuries and Assaults at Sea
If you or someone you love has been injured in a maritime accident or victimized at sea — or you are grieving the death of a loved one that occurred offshore — you are likely already aware of just how complex the area of admiralty and maritime law is.
You have come to the right place. With over 165 years of combined experience, the Miami-based attorneys at Lipcon, Margulies, Alsina & Winkleman, P.A. are some of the most seasoned lawyers in the world and they can help you recover the compensation you may be entitled to.
Since the firm’s founding in 1971, we have helped thousands of injured passengers and crew members recover the maximum compensation they are entitled to under the law. Let us put our experience to work for you. From Miami, our renowned maritime and admiralty law firm has recovered hundreds of millions of dollars in favorable verdicts and settlements for our deserving clients.
If you are struggling with the aftermath of a complicated offshore injury, death, or accident, let us give you a free case evaluation to determine if you may be entitled to compensation for your medical care, pain, suffering, and more. We work exclusively on a contingency fee basis. This means you never pay us a penny unless we make a successful recovery on your behalf.
Our Miami maritime and admiralty law firm will work hard to get you the highest recovery possible. Your consultation is completely free — contact us now to be sure you do not make a mistake that will jeopardize the outcome of your case.
Lipcon, Margulies, Alsina & Winkleman, P.A. – By the Numbers
When it comes to the high-stakes intricacies of maritime law, do not just take our word for it.
Our lawyers have:
- A collective 165 years of experience in maritime and admiralty law.
- Recovered over $300 million for our clients.
- Handled over 3,000 successful maritime personal injury claims.
- Received more than 20 high-profile awards and distinctions, including a Best Lawyers Award for Admiralty and Maritime Law.
- A zero-dollar, no-obligation consultation policy. Contact us now so we can help you understand your rights and the steps you should take to get the best possible outcome for your case.
- Appeared on hundreds of nationally televised programs as the expert authority on admiralty and maritime law.
Our Attorney TV Appearances Covering Admiralty & Maritime Cases
Work With the Team That Sets Precedents in Maritime Law
Our firm of Miami maritime lawyers is constantly pushing boundaries by representing — and winning — landmark cases that set precedent for all cases going forward. This cutting-edge understanding of maritime law is one only one of the reasons why hiring Lipcon, Margulies, Alsina & 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.
About Our Maritime Lawyers
The maritime and admiralty attorneys at Lipcon, Margulies, Alsina & Winkleman, P.A. have been dedicated to helping victims of maritime accidents, injuries, assaults, and wrongful death for nearly 50 years. Read on to learn more about our firm’s four named partners:
- Charles Lipcon, founder of Lipcon, Margulies, Alsina & Winkleman, P.A. provides personalized representation to complex maritime law and injury clients, backed by nearly 50 years of experience. A National Merit Scholar, Mr. Lipcon has been AV rated for 26 consecutive years.
- Jason R. Margulies is a veteran admiralty attorney and University of Miami alumnus with over 20 years of experience. Mr. Margulies has received impeccable ratings, including an AV Preeminent 5 out of 5 rating and a 10 out of 10 rating from Avvo.
- Ricardo V. Alsina is a University of Miami alumnus with a Martindale-Hubbell rating of AV — the highest rating in the industry for legal ability and compliance with rules of professional ethics.
- Michael A. Winkleman is an established trial lawyer with numerous multimillion-dollar verdicts. Mr. Winkleman is an authoritative resource on maritime law for major news programming, including The Today Show, Inside Edition, 20/20, Fox & Friends, and many more…
In addition to the firm’s four named partners, all of who have been named to Best Lawyers in America ®, the attorneys at Lipcon, Margulies, Alsina & Winkleman include 12 attorneys each specializing in maritime law and admitted to practice in courts all over the country.
Types of Maritime Cases We Handle
From our headquarters in Miami, Florida, we represent victims of all types of offshore accidents and injuries around the world. Generally, our clients fall into one of the categories below.
Note that not all cases are black and white. Whether or not you fit 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 Passengers and Crew
Sustaining an injury or becoming the victim of an accident or assault is not on the mind of most cruise passengers setting sail for a vacation at sea, nor is it for crew members embarking on their next voyage — but these things happen at sea just as they do on land.
Whether it is an accident due to unsafe conditions aboard the cruise ship or during shore excursions, or sexual assault by a crew member or passenger — anyone can become a victim at any time. Because accidents, injuries, death, and assault aboard cruise ships all fall under maritime jurisdiction, an attorney focusing on maritime and admiralty law has the best chance to recover damages to compensate you for your pain and suffering.
Disappearances and overboard accidents are also common accidents on cruise ships.
Slip and falls on cruise ships
Cruise ship accidents and injuries, including slip and falls, account for a significant percentage of the legal cases that we represent in regards to Miami maritime law. Slip and falls account for nearly 45% of all injuries on cruise ships according to a study concluded in 2010, which is only one indication that finding a Miami attorney familiar with cruise ship slips and falls is extremely important.
Lipcon, Margulies, Alsina & Winkleman, P.A. are regarded as an authority on cruise ship law; our team of twelve lawyers has taken on every major cruise line and handled thousands of cruise ship cases, resulting in hundreds of millions of dollars for our clients. Email or call us now at 888-311-9929 to see how we may be able to help with your case.
Victims of Cruise Ship Rape and Sexual Assault
When you board a ship for a cruise vacation, the last thing that you want to worry about is your safety from sexual violence. Unfortunately, cruise ship rape & sexual assault is all-too-common in a situation where passengers are given access to copious quantities of alcohol and an ongoing festive mood.
In 2017 and the first quarter of 2018, the FBI received 72 complaints of sexual assault on cruise ships, out of 100 total serious crimes that they received reports of. Cruisejunkie.com has a publically-available report that they have compiled that can give you more information about statistics in 2010, which can be used as an idea of current numbers.
Though all the implications of admiralty law are important, some of the most impactful are the considerations for maritime workers that require medical attention and care following a debilitating injury — as well as the families of those workers — particularly in the case of wrongful death while on the job at sea. Florida is home to roughly 70,000 maritime workers, meaning that legal support for this industry is extremely important in Miami.
Maritime laborers execute some of the world’s most difficult and demanding work, under some of the most dangerous conditions imaginable. The special arena of maritime and admiralty law exists in large part for this reason: to ensure that the hardworking men and women who put their lives at risk daily in the pursuit of an honest living are protected in case of an accident, assault, injury or death.
Boat, Yacht, and Ferry Passengers and Crew
Similar to cruise ship accidents and injuries, those that occur aboard charter boats, private yachts, and ferry boats often get complicated. Whether you are an employee, have paid passage or are an invited guest aboard a vessel, the owner and/or operator owes you a duty of reasonable care. If you sustained an injury that reasonably could have been avoided because the owner or operator was unable to uphold this duty of care, you are entitled to seek damages under maritime and admiralty law.
Dade County alone had a total of 67,825 vessels registered in 2018, ranging from Class A-1 through Class 5, out of a total of nearly 1 million vessels registered in the entire state. This statistic alone is a great indication of why it is so important that Miami is the home to a trusted and award-winning maritime law firm.
Jet Ski, Waverunner, and Personal Watercraft Operators and Passengers
Dade County alone has nearly 16,000 vessels registered in Class A-1, which includes personal watercraft. Florida has a total of nearly 150,000 Class A-1 registrations, which is 15% of all registered vessels in the states. Accidents involving jet skis, wave runners, and personal watercraft occur for all reasons. Some of the most common include:
- Poor instruction and training
- Unsafe conditions
- Poor weather conditions
- Poorly maintained equipment
- Hazardous water conditions
- Excessive speed
If you were in an accident as the result of any of the conditions listed above — contact the jet ski accident attorneys at Lipcon, Margulies, Alsina & Winkleman, P.A. so we can help you with your next steps.
Too often, we do not think about the dangers of alluring vacation activities like parasailing until it’s too late. According to statistics presented by the Parasail Safety Council, parasailing is responsible for more than 500 serious injuries and 80 deaths over the last 30 years.
Parasailing operators are entitled to define their own safety measures, which, unfortunately, often results in faulty equipment, posing critical risks to vacationers and thrill-seekers. Parasailing companies should assume responsibility for the safety of their patrons by only operating under safe conditions and providing safe equipment and thorough instruction and supervision.
Parasailing accidents can be minor or major, ranging from minor wounds to catastrophic accidents requiring hospitalization and/or intensive surgery. Regardless of the scale of the accident, or whether or not you signed a waiver, call us for no-strings-attached legal advice on what to do next.
Maritime Workers We Represent
Jones Act Seamen
A “seaman” under the Jones Act is defined as a person who works on a ship or vessel such as a cruise ship, towboat, crew boat, fishing boat, offshore oil rig, or dredge. If you have been injured and would like to discuss whether the Jones Act applies to your circumstances, contact our firm to determine whether or not you qualify as a seaman under the Jones Act.
According to the CDC, “commercial fishing is widely regarded as one of the most dangerous jobs in the U.S.” Similarly, “the water transportation industry has a fatality rate 4.7 times higher than the rate for all U.S. workers.” Maritime and admiralty law exists in large part to protect these brave individuals, and all maritime laborers, who jeopardize their safety on a daily basis.
Due to the specialized and intricate nature of this aspect of law — if you or a loved one should fall victim to a maritime death, injury, accident or assault — it is imperative that you consult with Lipcon, Margulies, Alsina & Winkleman, P.A. as we focus specifically on admiralty law and maritime law and thus have the best chance at recouping the compensation you may be entitled to under the Jones Act.
The term longshoremen refers to “employees in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers.” By nature of the work involved in these jobs, such workers face incredible dangers daily.
According to the U.S. Department of Labor, Harbor Workers’ Compensation Act is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel.”
Under this protection, the U.S. Federal Government also pays out benefits to surviving dependents of the deceased if the occupational injury results in the employee’s death. Family members and loved ones who are either grieving the loss of a loved one, or caring for a longshoreman that sustained a debilitating injury on the job — including a disease, hearing loss, or illness resulting from their employment — are urged to reach out to our maritime firm now. While injuries and death are emotionally excruciating, you may be entitled to compensation that can ease the burden you and your family are carrying.
Oil Rig Workers
While not traditional seamen or seafarers, oil rig workers face tremendous health and safety risks inherent with this line of work. Often working in shifts several-weeks-long at sea, oil workers execute physically demanding tasks aboard often unsteady structures, putting them at risk of bodily harm.
In addition to the physical dangers inherent in this line of work, oil rig workers are exposed to complications from explosions that occur often on rigs — which commonly result in the inhalation of unhealthy levels of fumes and heavy metals along with various other compounds, materials, and substances which are toxic to the human body.
For these reasons, workers and servicers of oil platforms in the Gulf of Mexico are covered under admiralty and maritime law. No injury or symptom is insignificant when it comes to this line of work. If you are experiencing symptoms related to illness or injury incurred at work, call Lipcon, Margulies, Alsina & Winkleman, P.A. immediately. We will help you pursue the medical care you need for your condition.
Guide to Maritime and Admiralty Law
Maritime law, also referred to today as admiralty law, is the area of law concerned with the activity that takes place on navigable waters such as the Ocean.
Injuries and incidents on cruise ships, cargo vessels, pleasure craft, jet skis, and other vessels are treated differently than other types of legal injury claims. A special body of laws, conventions, and treaties collectively called admiralty & maritime law — interchangeable terms in today’s language — establish legal rules applicable to civil litigation and insurance claims related to ships, shipping, and offshore work.
Maritime and admiralty law covers various categories and offshore circumstances including cruise ships, cargo vessels, marine commerce, sea navigation, negligence, unseaworthiness, and civil marine torts and injuries to name a few.
Our law firm focuses specifically on maritime law, with a prolific history of winning settlements and verdicts for our clients that have suffered catastrophic injuries, accidents and/or the death of a loved one while aboard a cruise ship, ferry, tugboat, barge, cargo ship, oil rig, commercial fishing boat — or any other vessel at sea.
What Constitutes Maritime and Admiralty Law?
At one time, the terms “admiralty law” and “maritime law” had two different meanings. “Admiralty” once referred to the judicial court in England and the early American colonies that handled legal matters related to shipping. Maritime law later emerged to handle cases related to sea travel and commerce. Eventually, the two discrete but closely related practices merged, and similarly the terms merged into one legal discipline.
Unlike some areas of the law that are codified in the federal and state statutes, admiralty and maritime law in the U.S. can fall under the jurisdiction of federal law, state law, international treaties with single or multiple nations, and the common law, or that derived from court case rulings. In addition, state laws can also have an impact on a maritime law case.
Interestingly, when it comes to maritime law, the same case may be argued in a Florida court, a U.S. court, and the court of another state, depending on the circumstances of the case. As a result of the application of both domestic and foreign laws in maritime cases, there are often gaps in maritime and admiralty law that require courts to apply laws from various jurisdictions to arrive at a reasonable conclusion to a given dispute.
If an individual has sustained a maritime-related injury, meaning an injury at sea or an injury related to employment at sea, legal jurisdiction will be an important factor in the case. Put simply, jurisdiction dictates the right or authority of a court to apply and interpret the law as it relates to your case.
Not all courts have the authority to hear and decide on every type of case. When it comes to admiralty cases, federal district courts are given the power to hear such cases under the U.S. Constitution. Also, in certain situations, a state court is permitted to decide on an admiralty case. In cases where both the state and federal courts are authorized to handle the case, the jurisdiction would be referred to as “concurrent” jurisdiction, where the complainant may be able to decide which court they prefer to file in.
Generally, if a case stems from an incident that took place in U.S. navigable waters and involves either two vessels crashing, injury to a seaman, or injury to a passenger on a vessel, the case will likely be subject to admiralty jurisdiction. Moreover, cases in which a crime, such as a rape or sexual assault, was committed against an American citizen or a vessel on the high seas generally falls within admiralty jurisdiction.
When it comes to contracts, cases that involve agreements related to commerce, navigation, or business of the sea — e.g., chartered vessels or cargo transport — are typically subject to admiralty jurisdiction as well.
The implications of admiralty jurisdiction are so that a maritime case is handled much differently than its onshore counterpart. For example, a slip and fall incident aboard a cruise ship defers to an entirely different set of laws, governed by General Maritime Law, as opposed to a slip-and-fall accident would defer to a stateside drug store.
The convenience store incident would fall under the state law jurisdiction, where the offshore incident would fall under admiralty and maritime law. For this reason, it is important to consult with an offshore injury lawyer to ensure your case is handled appropriately.
According to the U.S. Department of Transportation, “navigable waterways are those waters of the U.S. that are subject to the ebb and flow of the tide shoreward to the mean high water mark, and that are presently used, have been used in the past, or could be susceptible to use for transport of interstate or foreign commerce.”
This concept is important when seeking to establish jurisdiction in the case of a maritime injury, accident, death, or assault.
Admiralty and Maritime Laws That Affect Your Case
The Jones Act
The Jones Act protects seamen on navigable waters who become injured as a result of their employer’s negligence while they are in the service of a vessel — regardless of whether the injury occurs aboard the vessel or on land. This act requires employers to provide a safe work environment for seamen. The Legal Information Institute (LLI) of Cornell Law explains that “the Merchant Marine Act of 1920, known as the Jones Act, is a federal statute establishing support for the development and maintenance of a merchant marine in order to support commercial activity and serve as a naval auxiliary in times of war or national emergency.”
Essentially, the Jones Act designates that seamen employed on a vessel or working on a vessel while in port have legal protections with regard to workplace injuries. Seamen covered under this federal law should pursue legal representation by an attorney with a prolific history of successfully dealing with Jones Act cases.
Unfortunately, it is common for employers or the responsible party to attempt to minimize a victim’s injury or frame the circumstances in a way that limits their liability, reduces the perception of their involvement, or highlights the victim’s alleged negligence. Avoid this painful reality by engaging with our maritime law firm before you make any decisions or statements or take any actions that could impact your case and jeopardize any reward you may be entitled to.
The Jones Act vs. The Longshore and Harbor Workers’ Compensation Act (LHWCA)
The Jones Act and the Longshore and Harbor Workers’ Compensation Act or the LHWCA provide compensation for work-related injuries sustained by separate categories of maritime workers. The Jones Act covers a “master or member of a crew of any vessel,” whereas the LHWCA covers the essential maritime workers that work in piers, ports, terminals, and docks and otherwise sea-related roles without being part of a vessel’s permanent crew. The distinction is important as is employing an attorney versed in carrying forth complaints from both categories of workers.
Death on the High Seas Act
The Death on the High Seas Act protects the families of individuals whose death at sea occurred as the result of a wrongful act or under otherwise negligent circumstances.
Deaths that occur a certain distance away from or within a U.S. shoreline can be subject to a variety of laws. And believe it or not, the simple question of the location of the vessel is arguably the most critical component because of the implications regarding the law that applies to the claims.
Deaths That Occur Less Than Three Miles From a U.S. Shoreline
Individuals should be aware that general wrongful death laws will apply if a passenger or a sea worker is killed while he or she is still within three nautical miles of a state shoreline (or within U.S. territorial waters).
Additionally, if a crewmember or seaman who is within three nautical miles of a U.S. shoreline dies because of a ship owner’s or employer’s negligence, the Jones Act might also be applicable and such a claim can be filed right along with a general wrongful death claim.
Deaths That Occur More Than Three Miles From a U.S. Shoreline
Many attorneys are often faced with cases that involve deaths that took place more than three miles away from a U.S. shoreline. What spouses and family members should know about such deaths is that they are generally covered by the Death on the High Seas Act (DOHSA). Generally, DOHSA will apply to all individuals who were killed in accidents that took place more than three miles out from a U.S. shoreline, no matter whether the individual was a maritime worker or not.
As a general rule, DOHSA is a nasty federal law that dramatically limits the recovery that can be made in a death claim. For example, the Act limits the amount of wrongful death damages that spouses, children, parents, and dependent relatives will be able to recover, and individuals should note that only “pecuniary” damages will be recoverable under this particular law. Pecuniary damages are those damages that can be quantified in terms of a dollar amount. That said, family members will not be able to recover damages for things like loss of companionship or consortium.
Having said that, an experienced attorney knows that there are ways to make a substantial recovery in a death claim, if done correctly.
Loved ones should also be aware that a lawsuit under the Act must be brought within three years from the date of the seaman’s death. Additionally, in cases involving the wrongful death of a crewmember, the decedent’s personal representative could choose to bring an action under either general maritime wrongful death laws or under DOHSA.
The Law of Unseaworthiness
According to the Maryland Law Review, “a shipowner has an absolute duty to certain persons working upon his ship to furnish a seaworthy vessel, that is, a ship and its appurtenances be reasonably fit for their intended use. If the ship is unseaworthy, the shipowner is liable for personal injury caused by such unseaworthiness to persons to whom the ‘warranty’ extends.”
Essentially, an owner and/or operator of a ship is responsible to the crew for providing a vessel fit for sea travel. If an accident or injury should occur because of the shipowner’s negligence, the injured party is entitled to seek damages for his or her pain and suffering.
The success of these types of claims relies on the victim’s representation — specifically, their ability to prove that the vessel was unseaworthy. Only a law firm that focuses solely on admiralty law like Lipcon, Margulies, Alsina & Winkleman, P.A. is capable of compiling the evidence to support this type of claim to prove that the vessel was indeed unseaworthy at the time the incident occurred.
Civil Cases Requiring a Miami Maritime Attorney
In addition to federal maritime and admiralty legal cases, the following are just a few instances where the victim may also choose to mount a civil suit against the responsible party, with representation by an admiralty attorney:
- Workplace accidents
- Subpar medical care
- Cruise Accidents, Injuries, and Wrongful Death
- Boating Accidents, Injuries, and Wrongful Death
- Rape, assault, battery, and sexual assault that occur at sea
- Shore excursion accidents
If any of these incidents, and many others not mentioned above, take place aboard a cruise ship, boat, vessel, ferry, yacht, on a rig, in port or offshore whatsoever — the victim may be entitled to file a civil suit against the responsible party. Learn more about our firm’s experience representing victims in civil trials and call us today at 877-233-1238 to learn more about your options.
Miami Maritime Lawyer FAQs
What should I do after an accident?
- First and foremost you need to seek medical attention for your injuries. Be sure to maintain detailed documentation of all medical bills and expenses. Keep a record of any witnesses to the accident and document all the details of the incident before you forget as this could help to support your claims.
- Report the incident and injury.
- Contact a maritime and admiralty law firm as soon as possible following the accident.
- Most importantly, if your employer or the responsible party asks you to give a statement or to sign any documentation, refrain from doing so until you have consulted with an admiralty attorney.
How much does a maritime lawyer cost?
Lipcon, Margulies, Alsina & Winkleman, P.A. offer consultations completely free of charge and our fees are a percentage of the money recovered for you. You never pay us a penny unless we make a successful financial recovery.
Where does my lawsuit have to be filed?
For cruise ship passengers, the vast majority of cases have to be filed in Federal Court. This is required by the terms of the passenger ticket contract. This is called a forum selection clause and Carnival, Royal Caribbean, Celebrity Cruises and Norwegian Cruise Lines (NCL) all require all passenger cases to be filed within one year of the date of injury. Some cruise lines such as Princess Cruises require cases to be filed in California and Holland America Line in Washington State. Fortunately, at Lipcon, Margulies, Alsina & Winkleman, we have attorneys licensed in California and Washington State, so we can help!
For crew members, this is typically determined by the contract of employment and/or CBA (collective bargaining agreement).
When should I contact a maritime lawyer for a cruise ship injury
The statute of limitations for maritime law injury cases is generally three years from the date of the injury. However, for cruise line passenger cases, the statute of limitations is limited by the embarkment date on the cruise line ticket, up through one year following the date the injury took place. If you delay beyond the filing deadline, your claim is barred forever. It is best to confer with an attorney as soon as possible to ensure you are able to take action on your case.
Can I contact a maritime lawyer from overseas following an offshore incident?
Yes, even if you are injured within international waters and no matter where you are in the world you can and should contact the maritime injury lawyers at Lipcon, Margulies, Alsina & Winkleman, P.A.
As an injured cruise ship passenger, what kind of compensation can I receive?
Every case is different, but injured passengers may be eligible to receive compensation for present and future medical expenses, pain and suffering, disability, and lost wages.
Questions to Ask Your Maritime Attorney
Anyone can have a website or advertise. Before hiring a maritime attorney, ask the following questions.
- Have you ever represented a shipping company as their maritime lawyer?
- Have you or any family members ever worked for a shipping company as an employee?
- As a maritime lawyer, how many cases have you handled while representing an injured seaman?
- As a cruise ship lawyer, how many cases have you handled while representing an injured passenger?
- As a maritime lawyer, have you tried a seaman’s or passenger’s case to a verdict?
- What is the amount of the highest verdict your client has received in a trial?
- Have you handled any landmark cases in the admiralty and maritime field?
- As a cruise ship lawyer, how many of your cases have gone on appeal?
- How many years of maritime lawyer experience do you have in the admiralty and maritime area representing injured seaman and passengers?
- Have you ever represented a seaman’s union?
- Have you written any books or articles dealing with admiralty or maritime claims?
- Have you ever lectured on admiralty or maritime law?
- What is your maritime lawyer rating with Martindale Hubbel?
Additionally, you can find out a lot about a maritime lawyer by searching the web using his or her name. Check newspaper stories online. You can also go to Lexis Nexis and see copies of all opinions in which an attorney is mentioned and read directly about the results of cases that the cruise accident lawyer has handled. West Law has the same type of database.
Contact Us to Discuss Your Maritime 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, Florida, 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, Alsina & 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.
Contact us now and let us advise you on how to best proceed with your maritime claim.
- What does assumption of risk mean?
- Maritime Statutes
- Admiralty Statute of Limitations
- Cruise Vessel Security and Safety Act of 2010
- Federal Judiciary Act
- Jones Act
- Limitation of Liability Act
- Provisions limiting liability for personal injury or death
- Shipowner Contractual Statute of Limitations
- State special maritime criminal jurisdiction
- Unseaworthiness & Maintenance and Cure
- Limitation of Liability