Rivkind Margulies & Rivkind, P.A. is one of the preeminent maritime law firms in the country. Our experienced maritime accident and injury attorneys have represented clients with all types of maritime, admiralty, boating accident, and cruise ship injury claims. Our maritime attorneys also have testified before Congress on issues concerning maritime and admiralty law.
In order to practice admiralty and maritime law, many states require additional certification beyond passing the bar. Our maritime attorneys not only certified to represent these kinds of cases, but they also have decades of experience dealing with the intricacies of maritime law.
Common Types of Maritime Accidents in Miami
Maritime accidents can come in several different forms. Still, certain types of accidents arise more frequently than others. Our Florida maritime accident and injury attorneys can help recover payment after any of the following:
A great number of people are injured each year because of boating accidents in Florida. Victims of such accidents can incur a wide range of painful and debilitating injuries. The following are examples of negligent conduct that lead to boating accidents:
- Drunk boating
- Faulty repairs
- Defective parts
- Distracted boating
- Overcrowded vessels
- Reckless boating
Fortunately, at-fault parties can be held responsible for boating accidents they cause. Our Florida maritime accident and injury attorneys can help investigate the cause of your crash and prove that the defendant is at fault.
Cruise Ship Accidents
Cruise ship accidents are another common type of maritime accident that causes injuries. Cruise lines and their staff are responsible for the safety of their ships’ passengers. When cruise line employees act negligently, harmful accidents can occur. The following are examples of accidents that regularly occur on cruise ships:
- Falls overboard
- Slip and fall accidents
- Cruise ship amusement or attraction accidents
- Medical malpractice
- Shore excursion accidents
- Sexual assaults
- Fires and explosions
If you suffered one of these accidents, then you may be entitled to monetary damages for the injuries you incurred. Our Florida maritime accident and injury attorneys can help victims of cruise ship accidents take the appropriate steps toward compensation.
On-the-Job Accidents Suffered by Maritime Workers
Furthermore, many injuries occur because of on-the-job accidents suffered by maritime workers. The following are examples of maritime workers that often suffer injuries while at work:
- Oil platform workers
- Oil ship workers
- Yacht workers
- Cruise ship workers
Crew members and seamen may be able to recover payment for injuries related to on-the-job accidents they suffer. However, the path to payment after such accidents can vary depending on several different factors. Our Florida maritime accident and injury attorneys can offer guidance and support to maritime workers after being injured on the job.
Injuries that Can Result from Maritime Accidents in Miami
There are several different types of injuries that can be suffered by victims of maritime accidents. Injured parties can undergo immense physical pain, emotional distress, and economic hardship. Our Florida maritime accident and injury attorneys can help recover compensation related to each of the following types of harm:
Broken bones are a very common type of injury caused by maritime accidents. Such injuries can be very painful and debilitating. Also, victims with broken bones are often prevented from returning to work until their injuries heal. Fortunately, our attorneys can help plaintiffs with broken bones recover payment for any lost income they sustained.
Traumatic Brain Injuries
Traumatic brain injuries are also a common type of harm caused by maritime accidents. These injuries are usually caused by external blows to the head. Those who suffer traumatic brain injuries can incur a wide range of harmful symptoms that inhibit their enjoyment of life.
If you suffered a traumatic brain injury because of a maritime accident, you should contact our Florida maritime accident and injury attorneys. Our team of experienced lawyers can help recover compensation for the many damages you incur.
Soft Tissue Injuries
Furthermore, many victims of maritime accidents suffer soft tissue injuries. These injuries typically occur in the form of sprains, strains, and tears to soft tissue anywhere in the body. Like broken bones, soft tissue injuries can be very painful and debilitating. After maritime accidents, at-fault parties can be held accountable for the soft tissue injuries they caused.
Spinal Cord Injuries
Spinal cord injuries are another very serious type of harm caused by maritime accidents. Those who sustain spinal cord injuries can experienced severe immobility or even total paralysis. Accordingly, many victims will be unable to partake in the same hobbies and activities that they enjoyed before their maritime accidents. If you suffered a spinal cord injury because of a maritime accident, you should contact our Florida maritime accident and injury attorneys for help building your case.
Lastly, burns are another common injury caused by maritime accidents. Such injuries can be caused by fires and explosions on boats, in ship yards, and on oil rigs. However, victims can also incur burns because of contact with hot metals, hot liquids, and dangerous chemicals.
Burns are one of the most painful types of injuries caused by maritime accidents. Our Florida maritime accident and injury attorneys can help victims with burn injuries recover compensation for the physical pain they endured.
Elements of a Maritime Accident Lawsuit
The process for recovering financial compensation in a maritime accident lawsuit can vary greatly from case to case. The strategies that apply to your case can depend on the type of accident and extent of injuries suffered by the victim. However, four general elements must be established in every case:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- You were injured because of the defendant’s breach of duty
- You suffered damages because of your injuries
Victims can contact our experienced maritime accident and injury lawyers for help determining if the required elements have been established in their case.
Are Maritime Accident Laws Different From State Laws?
Federal maritime laws can differ from Florida’s state laws. Federal maritime law generally governs legal actions involving injuries in port, at sea, or on an oil rig. While some maritime accident cases are heard in state courts, the courts will often apply federal maritime law principles. During your free case review, our experienced Florida maritime accident and injury attorneys can help explain how maritime accident laws will apply to your claim.
Legal Representation for Maritime Arbitration in Miami Passenger Injury Cases
If you or a loved one were injured at sea, admiralty and maritime law may govern your claim. If you have suffered an accident or injury while traveling as one of the following, contact a maritime and admiralty attorney:
- Cruise ship passenger
- Yacht passenger
- Ferry passenger
- Boat passenger
- Jet ski passenger
- Tour boat or dinner cruise passenger
Legal Representation for Maritime Worker Accidents
The maritime accident attorneys at Rivkind Law are dedicated to protecting the rights of maritime workers, both in the water and onshore. The injured maritime workers we typically represent include:
- Harbor workers
- Cruise ship crew members
Jones Act Claims in Florida
If you are a seaman who was injured while living and working on a water vessel, The Jones Act may cover your maritime injury claim. Water vessels may include ships and oil rigs that are out at sea. An experienced maritime attorney can help you determine if you are considered a ‘seaman’ and afforded protection under the Jones Act.
Longshore and Harbor Workers’ Compensation Act Claims
Longshore and Harbor Worker’s claims cover those who work maritime occupations but are not considered seaman working on a water vessel at sea. These claims may cover workers on docks, repairing ships, or other onshore boating work.
Maintenance and Cure
The principle of maintenance and cure is a core aspect of maritime law. According to this principle, seamen who are injured while at sea are entitled to “maintenance and cure” from their employers. Maintenance includes a seamen’s day to day living expenses like food, rent, electricity, and transportation. Cure refers to an seamen’s medical costs.
Employers must pay for maintenance and cure until victims of maritime accidents have become fit for duty or have reached a point where medical treatment will not help any further. Our Florida maritime accident and injury attorneys can help explain how the principle of maintenance and cure will be applied during your free case assessment.
Death on the High Seas Act
The Death on the High Seas Act (DOHSA) offers payment to victims’ family members after their loved ones are killed in international waters. For a claim made under DOHSA to succeed, the death at issue must have happened because of another person’s neglect, wrongful act, or default.
Also, in order for the DOHSA to apply, the death must be related to a maritime accident that occurred beyond three nautical miles from the territorial waters of the United States. If your loved one was killed at sea because of another party’s negligence, you should contact our Florida maritime accident and injury attorneys for help pursuing the payment you deserve.
Protect Your Rights: What to Do After a Maritime Accident
After suffering an injury during an admiralty or maritime accident, boating passengers and maritime workers may want to trust the guidance of their employees or their insurance companies. However, those entities are looking only to protect their bottom line, hoping to reduce or even deny your maritime accident claim.
What should you DO after a Maritime Accident or Injury:
- Seek immediate medical attention for your injuries.
- Write down everything you remember regarding the circumstances of your maritime accident and injuries.
- Call an experienced maritime attorney
What you should NOT DO after a Maritime Accident or Injury:
- Delay in seeing a doctor for your maritime injuries
- Sign papers without consulting a maritime injury attorney
- Give a recorded statement without consulting a maritime injury attorney
- Agree to a settlement without consulting an experienced maritime attorney
- Wait too long to file a maritime accident claim
Call Our Miami Maritime Attorneys for a Free Legal Consultation
If you or someone in your family was injured on a ship or boat, contact our lawyers today. We can handle cases dealing with cruise ship injuries and injuries to seamen and offshore workers as well as other injuries involving seaplanes, snorkeling, diving, and other injuries at sea. For a free legal consultation on your injury case, call Rivkind Margulies & Rivkind today at (305) 204-5369.