Lipcon, Margulies & Winkleman, P.A. are the nation’s leading maritime lawyers with an office conveniently located just outside of Boston, Massachusetts to better assist residents in the northeast with maritime-related claims. Injuries on or near the navigable waters can be life-changing. Whether you were injured in an outdoor adventure accident, cruise ship accident, or as a maritime employee, Federal maritime laws may apply to your case. You may be entitled to compensation for your injuries and damages. However, getting the at-fault party to pay may be more challenging than you thought.
From our offices, our Massachusetts, maritime lawyers are working tirelessly to help injury victims get justice. Our Maritime lawyers were named “Lawyer of the Year” in Admiralty & Maritime by US News & World Report in 2020, becoming the United States’ leading maritime injury firm. Our lawyers have also repeatedly been named to the Best Lawyers® and Superlawyers®, year after year. Do not hesitate to get started on your case today. You can reach us at 877-233-1238 to schedule your free case review.
Our Massachusetts Office
Our office is located in Lenox, MA, but we are ready to serve you anywhere in Massachusetts.
Meet Our Maritime Lawyers
Our team of 15 full-time maritime attorneys are ready to help you get the compensation you deserve. We strategically have offices in 7 states throughout the United States, including one in the state of Massachusetts.
Charles R. Lipcon
Lawyer of the Year Best Lawyers in America Best Law Firms (US News) SuperLawyers Multi-Million Dollar Advocates Club Million Dollar Advocates Club
Michael A. Winkleman
Best Lawyers in America Best Law Firms (US News) SuperLawyers Top 50 Personal Injury Verdicts in Florida in 2017
Best Lawyers in America Top 50 Personal Injury Verdicts in Florida in 2017 SuperLawyers
Common Maritime Claims in Massachusetts
There are multiple ways in which you can recover compensation following a maritime accident in Massachusetts. However, the options available to you can vary widely based on the way in which your accident occurred.
Jones Act Claims
If you are considered a seaman, instead of filing a personal injury lawsuit or seeking worker’s compensation benefits for your injury, instead, you may have the right to file a request for benefits and compensation under the Jones Act. This entitles you to specific types and amounts of damages, including:
- Lost wages and diminished earning capacity
- Pain and suffering and emotional distress
However, Jones Act benefits are available exclusively to seamen.
Longshore and Harbor Workers Compensation Act Claims
Other types of maritime employees, including shipyard workers, oil rig employees, longshoremen, and harbor workers, may have the right to benefits and compensation under the Longshore and Harbor Workers Compensation Act (LHWCA).
Here, you may be able to receive specific types of benefits similar to what you may receive if you were eligible for worker’s compensation benefits, including:
- Coverage of your medical expenses
- Disability benefits
- Death benefits for surviving family members
- Vocational rehabilitation benefits
Personal Injury Lawsuits
If you were a passenger on a cruise ship or participating in an outdoor activity on navigable waters, instead of being eligible for benefits under the LHWCA or Jones Act, you might instead have the opportunity to file a personal injury lawsuit.
We understand how complex the maritime injury claims process can be. When you have been involved in any of the following types of maritime accidents, do not hesitate to contact our team for help getting the legal guidance and support you need when you need it most:
- Cruise Ship Accidents & Injuries
- Cruise Ship Rape
- Cruise Passenger Disappearances
- Cruise Ship Overboard Accidents
- Cruise Ship Drowning Accidents
- Cruise Ship Medical Malpractice
- FlowRider Accidents
- Seaman’s Claims
- Boating Accidents
- Yacht Accidents
- Jet Ski Accidents
- Parasailing Accidents
- Scuba Diving Accidents
- Barge, Cargo, and Tanker Accidents
- Commercial Fishing Accidents
- Shore Excursion Accidents
- Hotel, Resort, and Vacation Accidents
- Hotel Rape anted Sexual Assault
Boating Accidents in Massachusetts
Boat accidents in Lenox, MA are far more common than you might think. When you have been injured in a boating accident, it is important to take action on your claim as soon as possible. The statute of limitations for personal injury claims is only three years under Massachusetts law. If your claim is not filed in time, you risk your opportunity to recover compensation for your damages. Cruise passenger claims are generally contractually limited to a one year statute of limitations.
If you are pursuing benefits under the LHWCA, it is critical to take action on your claim as soon as possible. Generally, the statute of limitations for boating accident LHWCA claims is just one year under Section 13(a). Similarly, the Jones Act provides a maximum of three years before the statute of limitation expires.
Since the statute of limitations may not always be clear for every maritime injury claim, it is essential to get an experienced legal advocate on your side as soon as possible.
Canoe & Kayak Accidents in Massachusetts
Canoe and kayak accidents continue to be a major cause for concern across the state of Massachusetts. Some of the most common injuries seen in these types of maritime accidents include:
- Broken bones and fractures
- Facial injuries
- Traumatic brain injuries
- Fatigue when canoes are caught or overturn
- Heat exhaustion
- Lacerations leading to sepsis
- Spinal cord injuries
- Soft tissue injuries
- Acute injuries
You may have the opportunity to pursue a lawsuit for maritime injuries involving a canoe or kayak if your attorney can show negligence or misconduct occurred.
For example, if safety specifications as required by the U.S. Coast Guard are not followed, those responsible for ensuring you have the safety equipment you need could be held accountable. Such safety requirements could include:
- Do use of visual distress signals
- Having a personal flotation device available for every person aboard the canoe or kayak
- A horn, bell, whistle, or other device that will produce sound in the event of an emergency
You may be at an increased risk of suffering debilitating injuries in a canoe or kayak accident in the following situations:
- Failure to wear the proper footwear
- Utilizing a smaller vessel
- Failure to bring a spare paddle
- Being an incompetent swimmer
- Being an inexperienced canoe or kayak operator
- Using congested waterways
- Failure to bring a first aid kit, drinking water, snacks, sunscreen, or UV protection
- Failure to bring a GPS locator or radio system
- Failure to dress properly for unexpected turnovers
- Consuming drugs or alcohol while using a canoe or kayak
- Failure to bring a map, compass, or other chart
The Nation’s Leading Maritime Lawyers Are Local To You
Are you a crewmember of a cruise ship, container ship, or other vessel? Were you a passenger on a cruise ship when you suffered devastating injuries? If so, you may have the right to compensation for your damages. Find out how much your case is worth when you contact our respected Massachusettsmaritime lawyers at Lipcon, Margulies & Winkleman, P.A.
Our firm is proudly offering no-cost, risk-free consultations to maritime injury victims throughout Massachusetts and across the nation. Claim yours by calling our office at 877-233-1238 or filling out our online contact form.