Carol L. Finklehoffe

Lipcon, Margulies & Winkleman, P.A

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Carol L. Finklehoffe is a partner at Lipcon, Margulies and Winkleman, P.A. who has been practicing for 30 years in both the state and federal courts throughout Florida, California and Massachusetts. Ms. Finklehoffe is an “AV” rated trial attorney who is a certified specialist in Maritime and Admiralty law.

The main concentration of her practice relates to complex personal injury, resort law, wrongful death, sexual assault and medical malpractice. Ms. Finklehoffe is also a skilled maritime lawyer who has developed an expertise in cases involving cruise ship passengers and maritime crew members on various types of commercial and private vessels. Ms. Finklehoffe is the former Chair of the Cruise Line and Passenger Ship Committee for the Maritime Law Association of the United States and has co-authored the chapter on Personal Injury and Wrongful Death of Seaman and Other Maritime Workers in the Florida Bar’s Florida Maritime Law and Practice Manual, 7th Edition.

Before specializing in protecting the rights of the wrongfully injured, Ms. Finklehoffe spent over a decade working as a defense attorney for the cruise lines, as well as ship owners and operators. Her experience gives her a unique insight into the maritime industry and provides her with an advantage in advocating for the rights of the injured passengers and crewmembers.

“There is nothing more rewarding than helping someone who was injured due to no fault of their own”

Ms. Finklehoffe lectures to maritime industry groups speaking on various issues, including Prosecuting and Defending Sexual Assaults Occurring Aboard Cruise Ships, Liability for Medical Malpractice Occurring on Cruise Ships, and Liability for Cruise Ship Tour Operators. She is also a frequent commentator on national news.

Complementing her legal skills, Ms. Finklehoffe is also a trained Civil Circuit Court Mediator skilled in negotiations. This additional expertise enhances her ability to find favorable resolutions for her clients, promoting effective dispute resolution.


Education

  • Boston College (B.S., 1991, Magna Cum Laude)
  • University of Miami School of Law (J.D., 1994, Cum Laude)

Professional Organizations

  • Florida Bar Association
    • Vice Chair Admiralty Law Committee (2018-2019)
  • Maritime Law Association
    • Proctor
    • Chair Cruise Line and Passenger Committee (2013 – 2017)
  • Florida Maritime Lawyers Associations
    • Treasurer
    • Board of Directors
    • Charter Member
  • Cruise Line International Association
    • Executive Partner
    • Lecturer
  • Women’s International Shipping & Trade Association
  • American Association of Justice
  • Federal Bar Association
  • Miami Dade Bar Association
  • North Dade Bar Association
  • National Association of Professional Women
  • Florida Association of Women Lawyers

Admitted to Practice

  • Florida Bar, September 1994
  • Massachusetts Bar, January 1996
  • California Bar, 2002
  • United States Court of Appeals for the Eleventh Circuit, September, 1995
  • United States District Court Southern District of Florida, April 1995
  • United States District Court Middle District of Florida, October 1995
  • United States District Court Central District of California, June, 2017

Certifications

  • Admiralty & Maritime Law Certified Specialist (CA)
  • Civil Circuit Court Mediator (certification pending)

Martindale-Hubble Peer Review

  • AV – Rated attorney

Publications

  • Personal Injury and Wrongful Death of Seaman and Other Maritime Workers, Chapter 3, Florida Maritime Law and Practice, 7th Edition, The Florida Bar (2022)(co-author)
  • Personal Injury and Wrongful Death of Seamen and Other Maritime Workers, Chapter 3, Florida Maritime Law and Practice, 8th edition, (July 2023) (co-author)
  • Time has Passed Barbetta By: Washing Away Over 100 Years of Outdated Precedent, Tulane Law Journal, (March 2015) (co-author)
  • Cruise Line Passenger Bill of Rights, Maritime Law Association Report Document 812, Page 17894 (Fall 2013)
  • Navigating Obstacles Created by Cruise Lines in Shore Excursion Tragedies, Massachusetts Academy of Trial Attorneys Journal, Vol.6, No.3 (February 2013) (co-author)
  • Cruise Ship Passenger Litigation: An Ocean of Opportunity, Bill of Particulars, New York State Trial Lawyers Institute, Vol. 1, 2012, page 89 (co-author)
  • Update on the Implementation of the Cruise Vessel Security and Safety Act of 2010 (CVSSA), Maritime Law Association Report Document 804, Page 16514 (Fall 2011)
  • Shipboard Releases – The Next Battle Ground, Maritime Law Association Report Document 800, Page 16247(Spring 2011) (co-author)
  • Enactment of the Cruise Vessel Security and Safety Act, The Maritime Law Association Report, Spring/Fall 2010
  • Medicare’s Mandatory Reporting Program,The Maritime Law Association Report, Fall 2009/Spring 2010
  • Sea Food – Who is Liable for a Bad Catch? An Analysis of a Ship Owner’s Liability for Claims of Food Poisoning, University of San Francisco Maritime Law Journal, Vol. 19, Page 119 (Winter 2006) (co-author)

Presentations

  • Anthem of the Seas, Rudy Maxa’s World, February 13, 2016 (guest panelists)
  • A Plaintiff’s View on Death on the High Seas (DOHSA) and Maritime Damages, Maritime Law Association, Bermuda, October 2015.
  • Time has Passed Barbetta By: Washing Away Over 100 Years of Outdated Precedent, Admiralty Law Institute, New Orleans, March 11, 2015
  • Your Legal Rights, KALW 91.7 FM radio, a part of NPR Digital Network, May 1, 2013 (guest panelist)
  • Traps and Pitfalls Under the New Medicare Lien Law, Maritime Law Association, Passenger and Cruise Line Committee, Hilton Head, SC, November 2009
  • Prosecuting and Defending Sexual Assaults, Maritime Law Association, Passenger and Cruise Line Committee, New York City, May 2009
  • Prosecuting and Defending Sexual Assaults, Maritime Law Association, Passenger and Cruise Line Committee, Long Beach, CA, November 2008
  • Food Poisoning and Cruise Ships, Cruise Line International Association Legal & Insurance Seminar, Washington, D.C. July 20, 2007
  • Liability for Independent Contractors, Maritime Law Association, Passenger and Cruise Line Committee, New York City, May 2007
  • The Effects of Medicare/Medicaid on Settlements, UK P&I Club Bodily Injury Team Conference, Miami, November 2005

Published Cases

  • Sorrels v. NCL (Bahamas) LTD, 2015 U.S. App. LEXIS 13541 (11th Cir. August 4, 2015)
  • Gibson v. Norwegian Cruise Line, 2012 WL – (S.D. Fla. June 28, 2012)
  • Perciavalle v. Carnival Corporation, 2012 WL 2412179 (S.D. Fla. June 26, 2012)
  • Gibson v. Norwegian Cruise Line, 2012 WL 1952667 (S.D. Fla. May 30, 2012)
  • Ozarslan v. Royal Caribbean Cruises Ltd, 1627 AMC 2008 (11th Judicial Circuit in and for Miami-Dade County, Florida, May 15, 2008)
  • Gabriel v. Celebrity Cruises, Inc., 2005 AMC 1617 (S.D. Fla. 2005)
  • Bird v. Celebrity Cruise Line, Inc., 428 F.Supp 2nd (S.D. Fla. 2005)
  • Doe v. Celebrity Cruises, Inc., 145 F.Supp. 2d 1337 (S.D. Fla. 2001)