The Law Firm of Rivkind & Margulies, P.A. has handled all aspects of cases that fall into the category of Admiralty and Maritime claims.
Admiralty and Maritime claims involve a wide variety of claims arising out of operation and navigation of boats, oil rigs, ships, cruise ships, yachts, sail boats, jet skis, personal water crafts, tankers, cargo ships, as well as almost any conceivable type of water craft that is connected to an operation on navigable waters.
The first question often faced is whether Admiralty jurisdiction attaches to the potential claim. The Law Firm of Rivkind & Margulies, P.A. can evaluate that question based on their expertise in the field of Maritime Law. There are specific requirements to consider if a claim is governed by Admiralty and Maritime Law.
It is important to determine if a claim is covered by Admiralty and Maritime Law because the substantively Admiralty and Maritime Law is very different from the different state laws that a non-maritime legal expert may believe is applicable to a claim. There is often different statute of limitations, which means different time restriction on the ability to file the lawsuit. There are also specific requirements in certain cases to put the party you are suing on notice of your claim.
Another difference in Admiralty and Maritime compared to many state laws is the law that says that if there is more than one party who is responsible for the injuries or damages, each party would be joint and severally liable, which means each would be potentially fully responsible for the damages if sued individually. This is a complex area of law and one where Maritime Law is often different than the state laws.
The time restrictions in filing a lawsuit is also very different in Maritime Law claims, including claims by passengers aboard cruise ships who assert claims against the cruise ship company arising out of different types of incidents that occur during a cruise. The different types of incidents that occur aboard cruise ships include sexual assaults, rapes, thefts, illness due to food poisoning, illness due to the Noro Virus, cancelled cruises, breach of contracts, slip and fall accidents, personal injuries, wrongful deaths, and many other claims for accidents and personal injuries aboard a cruise ship.
Rivkind & Margulies, P.A. has also handled cases involving accidents and injuries due to encounters with severe weather, including hurricanes. The firm was one of the lead Maritime attorneys in a well-known case involving a passenger cruise ship that was lost at sea during a hurricane, causing the death of the entire crew aboard the ship. The firm also represented hundreds of passengers injured when a cruise ship deliberately encountered a known storm, placing the passenger’s safety and lives at risk. Another case handled by the Law Firm of Rivkind & Margulies, P.A. involved many passengers killed as a result of a fire aboard a passenger cruise ship.
The Maritime Law may also provide for a claim for punitive damages against a Maritime Defendant for reckless indifference to the lives and safety of others.
The firm handles many recreational boating accidents involving pleasure water crafts involved in accidents on navigable waters.
Maritime Law would govern personal injury and wrongful death actions occurring on navigable waters due to collisions of vessels, including negligent operation of pleasure water crafts. The range of injuries the Law Firm of Rivkind & Margulies, P.A. have been faced with as a result of Maritime accidents include: back injuries, neck injuries, herniated discs, carpal tunnel syndrome, paralysis quadriplegia, paraplegia, head injuries, brain damage, shoulder injuries, knee injuries, stroke, heart attacks, and a wide variety of orthopedic and neurological injuries.
Many times damages are a result of the medical negligence or medical malpractice of a doctor which under Maritime Law may result in imposing liability on a Maritime Defendant. The firm has handled many medical negligence and malpractice cases arising out of Maritime torts that have occurred.
If you believe you might have suffered injuries or damages as a result of a Maritime incident, you should contact a Maritime lawyer promptly to discuss your case.Read More