Miami Maritime Lawyer

Our Award Winning Maritime Lawyers Handle Accidents, Injuries and Assaults on Cruise Ships

Lipcon, Margulies & Winkleman, P.A., headquartered in Miami, FL, is the nation’s leading cruise ship injury and accident law firm. We have been fighting for the rights of injured passengers and crew for over 50 years. We are dedicated to helping our clients recover the compensation they deserve after accidents at sea which are caused by someone else’s negligence.  With 16 attorneys in 7 offices nationwide — including our main Miami office — countless awards and accolades, and over $500 Million and counting recovered for our clients since we first began the firm in 1971, it is no surprise that Lipcon, Margulies & Winkleman, P.A. has been named to “Best Law Firms”® by US News & World Report since 2016, and 5 of our attorneys named to “Best Lawyers”®. Lipcon, Margulies & Winkleman, P.A. also takes great pride in celebrating the achievements of Charles Lipcon (2020) and Jason R. Margulies (2025), who were both named “Lawyer of the Year” in Admiralty and Maritime Law for Miami, a rare lifetime achievement held by two members of our firm.
 

Navigation

• How Did Maritime Law Become Established?
• Partner With the Nation’s Leading Maritime Law Firm
• Understanding Maintenance and Cure
• Recreational Boating Accidents
• What Is A Maritime Lawyer?
• TV Appearances
• Meet Our Lawyers
• Landmark Cases
• Types of Cases We Handle
• Locations Served
• FAQs
• Get The Help You Deserve Now

How Did Maritime Law Become Established?

Maritime law, also known as admiralty law, has a rich history that dates back centuries, evolving to address the unique challenges of navigation and commerce on the seas. Its establishment is rooted in the necessity for a specialized legal framework to govern maritime activities, which are distinct from those on land.

The modern foundation of maritime law was significantly shaped by the English Admiralty Courts, established in the 14th century. These courts developed principles that continue to influence contemporary maritime law, such as the rights and responsibilities of shipowners, seafarers, and cargo owners.

Partner With the Nation’s Leading Maritime Law Firm

Lipcon, Margulies & Winkleman, 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 your case where most of the shipping companies have their main offices.

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.

Injured on a Cruise? Trust the Nation’s Top-Ranked Cruise Ship Attorneys to Fight for You

Safety standards on cruise ships can vary significantly, leading to accidents and injuries. Slip and fall incidents are common due to wet decks and unstable surfaces. Additionally, the sheer size of modern cruise ships can complicate evacuation procedures in emergencies, posing a risk to passenger safety. The Costa Concordia disaster in 2012, where a ship capsized off the coast of Italy, underscored the potential for catastrophic accidents.

Moreover, the cruise industry has been criticized for labor practices that can endanger crew welfare. Many crew members work long hours under challenging conditions, often with limited legal protections. This can lead to fatigue and increased risk of accidents, both for crew and passengers.

Security is another critical issue. While cruise ships are generally safe, security teams are unreasonably small and have conflicts of interest.  As such, cruise ships are not immune to crime: Incidents of theft and assault are reported every single year. The jurisdictional complexities of maritime law can complicate the prosecution of crimes at sea, leaving victims with limited recourse.

What is Maintenance and Cure, and How Does it Apply to My Case?

Maintenance and Cure is a fundamental principle in maritime law, providing essential protections for seafarers who become ill or injured while in service to a vessel. This doctrine is rooted in the historical duty of shipowners to care for their crew, reflecting the unique risks and challenges faced by those who work at sea.

The concept of Maintenance and Cure obligates shipowners to provide for the basic living expenses and medical care of seafarers who suffer injuries or illnesses during their employment. This obligation is not contingent upon fault or negligence; rather, it is an inherent duty owed to seafarers, recognizing their vulnerability and the hazardous nature of maritime work.

Our Maritime Lawyers Demand Justice for Recreational Boating Accidents

The recreational marine industry, while offering enjoyment and adventure, poses significant risks that can lead to serious accidents and injuries. Our award-winning maritime attorneys are dedicated to helping victims navigate the complexities of recreational boating accidents to secure the justice and compensation they deserve.

One of the primary dangers in the recreational marine industry is the lack of adequate training and experience among operators. Many individuals engage in boating or sailing without proper knowledge of navigation, weather conditions, and safety protocols. This lack of expertise can lead to accidents, including collisions, capsizing, and grounding, resulting in injuries or fatalities. Our attorneys have extensive experience in handling cases where negligence or inexperience has led to harm, ensuring that victims receive fair treatment and compensation.

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, Michael Winkleman, Carol L. Finklehoffe, and Jacqueline Garcell have all been named Best Lawyers® in America.

What Is A Maritime Lawyer?

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.

TV Appearances

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.

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Landmark Cases

Our firm of maritime accident lawyers are 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:

1. 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.

   Read More +

2. 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.

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3. 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.

   Read More +

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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

Locations Served

With our global headquarters strategically located in downtown Miami, FL near the Port of Miami and all of our attorneys members of the Florida Bar, we are in the ideal location to handle any and all maritime actions. 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 accident 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.

FAQ

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.

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. Schedule your free consultation today and start to take back control of your life. You can reach us through our secured contact form or by phone at 877–233–1238 to schedule your no-obligation case evaluation with our reputable maritime injury attorneys