Every year, thousands of patrons and customers embark on cruise ships and commercial vessels departing from Miami. Unfortunately, accidents happen at sea and at the port, and a victim may not know how to obtain compensation for their injuries.
Maritime and admiralty law details how and when a victim can recover compensation for injuries sustained at sea. Most injured customers of a maritime company will have the right to sue for damages caused by their negligence. However, if you are an injured employee of a maritime company, there are only certain situations in which filing a lawsuit will be permitted.
Our Miami maritime and admiralty attorneys at Rivkind Margulies & Rivkind can assess your case for free when you call (305) 204-5369 today.
What is Maritime and Admiralty Law in Miami, FL?
While they are similar, maritime and admiralty law are distinct practice areas from boating accident law. Many boating accident cases are often a question of basic legal negligence. Maritime and admiralty law, however, is intended to govern accidents on navigable or international waters.
Navigable waters are those bodies of water used for interstate or foreign commerce and fall under federal maritime and admiralty law, not state law. Common examples include the Atlantic Ocean and the Caribbean Sea.
However, a victim’s injuries must be tied to some maritime activity to apply maritime and admiralty law to a case, such as working at sea or being a passenger on a cruise ship.
Where Are Maritime and Admiralty Lawsuits Held?
Accidents that take place in federal waters must be filed in federal court. This means that attorneys litigating maritime and admiralty cases must be licensed to practice in federal court. Some states require attorneys to have an additional certification to practice maritime law in federal court. Our Miami maritime and admiralty attorneys can explain how these special requirements could affect your case.
Who Can Recover Compensation After a Miami, FL Maritime and Admiralty Accident?
Recovering compensation after a maritime and admiralty accident can be confusing since it depends on the injured person’s relationship with the vessel, and our attorneys can help.
Injured Passengers
Injured cruise ship passengers may file a lawsuit against the negligent parties responsible for their injuries. Many passengers are injured in slip and fall accidents, but they can also be injured by falling objects or during land excursions.
Injured Seamen and Crew
The commercial nature of maritime and admiralty cases means that injuries to seamen and other crewmembers are quite common. A crewmember’s right to recover compensation is governed by the Jones Act, specifically 46 U.S. Code § 30104, which allows maritime employees to sue for the injuries caused by their employer’s negligence. This also applies to yacht crew members. However, injured crew members must spend at least 30% of their work time aboard the vessel to qualify.
Workers who spend their time onboard a vessel and at the port are permitted to recover compensation under the Longshore and Harbor Workers’ Compensation Act. The following are maritime workers who commonly work on land and sea:
- Ship repairmen
- Shipbuilders
- Marine construction workers
- Crane operators
- Gas and oil platform employees
Remember, though, that the Longshore and Harbor Workers’ Compensation Act and the Jones Act operate much like Workers’ Compensation. This means they are exclusive remedies that employees must utilize to receive compensation rather than filing a lawsuit.
Physical or Sexual Assault on a Cruise Ship
Sometimes a person is injured at sea not through negligence but by the intentional, harmful act of another. If a crew member or other passenger physically or sexually assaults someone, the perpetrator can be held liable for their harmful conduct. The maritime company or vessel owner could also be held liable if their negligence created the dangerous conditions that enabled the assault, such as failing to provide adequate security on board.
What Are the Top Injuries from Maritime and Admiralty Accidents?
Maritime and admiralty accidents cause some of the most catastrophic injuries a person could suffer, with some cases resulting in death. Injuries sustained in a maritime accident may require significant and expensive medical treatment. The following are some common injuries caused by maritime and admiralty accidents:
- Spinal cord injuries
- Traumatic brain injuries
- Lung infections caused by water inhalation
- Lacerations
- Contusions
- Fractures
- Amputation
- Serious soft tissue injuries
- Hypothermia
- Electrical and thermal burn injuries
- Drowning
Our Miami maritime and admiralty attorneys can help you regardless of your injuries.
What Can You Do to Help Your Maritime and Admiralty Lawsuit?
You can take certain steps to strengthen a future compensation claim for a maritime accident by documenting the incident, getting medical attention and following medical advice, and being proactive about starting your case.
Document the Incident
Help your future lawsuit by documenting the incident, whether you were hurt while working at sea or as a passenger on a cruise ship. Some accidents leave physical evidence that would be lost if not photographed, so take pictures if you can.
Report the accident to your supervisor if you were working or a person of authority on the ship, if you were a passenger. We can obtain copies of incident reports on your behalf later.
Get Medical Attention
Getting medical attention is one of the best things you can do after an injury. It documents when and how you were injured, as well as the severity of the injury. When hurt on a cruise, go to the ship’s onboard medical staff. Seeking a second opinion is a good idea, as onboard doctors may also work for your employer or the cruise line.
Sometimes, medical evacuation from a ship to the closest foreign hospital is necessary because of the severity of the injury.
Be Proactive with Your Case
Be proactive with your case and initiate it right away. The statute of limitations for maritime injury lawsuits varies depending on the reason for the claim. We can determine exactly how much time remains of the statute of limitations to file the case so that you do not miss the deadline.
Follow Medical Advice
Continue medical treatment and follow the advice of your treating physicians while seeking compensation in a maritime accident lawsuit. Do not try to return to work prematurely or engage in any physical activity that might exacerbate the injury and complicate your claim.
What is the Statute of Limitations for Maritime and Admiralty Lawsuits?
The statute of limitations refers to the period within which an injured person must file a maritime lawsuit or insurance claim. However, federal law sets different deadlines depending on the type of claim filed. It is crucial to identify the correct statute of limitations in your case. With rare exceptions, the court will dismiss your case if you do not file within the time limit, preventing you from recovering compensation through litigation.
Foreign Cause of Action
According to 46 U.S. Code § 30106, most victims of a personal injury or death at sea have three years from the date of the injuries to file a lawsuit. However, if you are injured on a cruise, your filing window may shorten to one year, and, within six months of the injury, you may have to send a notice of the claim to the cruise line, or risk losing your opportunity for recovery.
Action Under the Death on the High Seas Act
For families who have suffered an untimely death because of another person’s negligence, the Death on the High Seas Act provides three years from the date of the accident to file a lawsuit. However, the fatal accident must have occurred at least three nautical miles away from shore.
Action Under the Jones Act
According to the Jones Act, crew members injured at sea must file a claim against their employer within three years of the date of the accident. The Longshore and Harbor Workers’ Compensation Act has the shortest time limit, providing only one year from the date of the injury for an injured worker to file a claim. Our maritime and admiralty attorneys can review your case to ensure that your lawsuit or claim is filed promptly.
FAQs About Maritime and Admiralty Lawyers and Lawsuits
Who Can You Sue in a Maritime Injury Lawsuit
The owner of the ship, whether that is an employer subject to the Jones Act or a cruise ship company, may bear liability for maritime injuries and can be named in a lawsuit. Let us investigate to identify all liable parties and maximize your compensation.
What Evidence Can an Admiralty and Maritime Lawyer Collect?
Our attorneys can collect the following evidence to build a strong admiralty and maritime injury lawsuit:
- Eyewitness statements
- Surveillance footage
- Incident reports
- Medical records
- Medical bills
How Long Do You Have to File a Maritime Injury Lawsuit?
How long you have to file a maritime injury lawsuit depends on the type of claim you are filing. You have three years to file a lawsuit under the Jones Act, but you may only have one year to file a lawsuit for a cruise ship injury, so clarify your statute of limitations with our lawyers.
When Do You Have to Send Notice of a Maritime Injury Lawsuit?
You must send notice of a claim within six months of an injury if your lawsuit is against a cruise ship company, and our lawyers can help you meet this deadline and proceed with filing a lawsuit.
Are Damages Limited in Admiralty and Maritime Lawsuits?
Damages are not capped in cruise ship injury lawsuits or Jones Act claims, but they are limited to financial losses in Death on the High Seas Act claims.
Do You Need an Admiralty and Maritime Lawyer?
Pursuing a maritime injury lawsuit without an experienced attorney puts you at risk of missing important filing deadlines, lacking crucial evidence, and losing track of your economic and non-economic damages.
Where Will Your Maritime and Admiralty Lawsuit Take Place?
Admiralty lawsuits are filed in U.S. Federal District Court, but the venue depends on the case. For example, cruise ship tickets often include venue stipulations that require lawsuits to be filed where the company is headquartered.
How Often Do Maritime Accident Lawsuits Go to Trial?
Going to trial is an understandable concern, especially if the venue is far from where you live. While trials are common, settlements are generally more common in maritime accident lawsuits. We can stop you from settling prematurely and only encourage you to accept a fair offer.
Our Maritime and Admiralty Attorneys Can Help
Call Rivkind Margulies & Rivkind’s maritime and admiralty attorneys at (305) 204-5369 to discuss your case for free.
