Miami Maritime Lawyer

Our Award Winning Maritime Lawyers Handle Accidents, Injuries and Assaults on Cruise Ships

Lipcon, Margulies & Winkleman, P.A., headquartered in Miami, FL, is the nation’s leading cruise ship injury and accident law firm. We have been fighting for the rights of injured passengers and crew for over 50 years. We are dedicated to helping our clients recover the compensation they deserve after accidents at sea which are caused by someone else’s negligence.  With 16 attorneys in 7 offices nationwide — including our main Miami office — countless awards and accolades, and over $450 million and counting recovered for our clients since we first began the firm in 1971, it is no surprise that Lipcon, Margulies & Winkleman, P.A. has been named to “Best Law Firms”® by US News & World Report since 2016, and 5 of our attorneys named to “Best Lawyers”®.

Whether you are crew or a passenger aboard a ship, you have a multitude of rights if you suffer an injury, lose a loved one, or are the victim of a sexual assault or rape at sea. Unfortunately, trying to navigate the complexities of maritime law is nearly impossible for the victims and their loved ones, especially while they are trying to deal with the many complications that come along with a traumatic and painful injury or assault.

Cruise liners, shipping companies, and other defendants who fall under maritime law do not make the process of seeking fair compensation easy,  as they fight to avoid liability by having their own maritime attorneys, who are very experienced at handling maritime defense cases.

Working with an experienced maritime lawyer that is on your side is one of the best ways to navigate this process. The team of attorneys at Lipcon, Margulies & Winkleman, P.A. has been practicing maritime law for over 50 years, has received the highest awards and accolades given in the industry, and a history of thousands of successful maritime law cases – giving you the knowledge and experience that you can trust.

Navigation

• How Did Maritime Law Become Established?
• Partner With the Nation’s Leading Maritime Law Firm
• Understanding Maintenance and Cure
• Recreational Boating Accidents
• What Is A Maritime Lawyer?
• TV Appearances
• Meet Our Lawyers
• Landmark Cases
• Types of Cases We Handle
• Locations Served
• FAQs
• Get The Help You Deserve Now

How Did Maritime Law Become Established?

Maritime law, also known as admiralty law, has a rich history that dates back centuries, evolving to address the unique challenges of navigation and commerce on the seas. Its establishment is rooted in the necessity for a specialized legal framework to govern maritime activities, which are distinct from those on land.

The modern foundation of maritime law was significantly shaped by the English Admiralty Courts, established in the 14th century. These courts developed principles that continue to influence contemporary maritime law, such as the rights and responsibilities of shipowners, seafarers, and cargo owners.

Today, maritime law is a complex and specialized field, governed by international conventions and treaties, such as the International Convention for the Safety of Life at Sea (SOLAS) and the United Nations Convention on the Law of the Sea (UNCLOS). These frameworks ensure uniformity and cooperation among nations, addressing the global nature of maritime activities.

The attorneys at Lipcon, Margulies & Winkleman, P.A. are the foremost maritime lawyers in the United States and among the very few most successful admiralty and maritime law firms in the world. We draw upon our extensive understanding and experience in maritime law to advocate for our clients, ensuring justice and accountability in all matters that happen at sea.

Partner With the Nation’s Leading Maritime Law Firm

Lipcon, Margulies & Winkleman, P.A. is a well-respected and awarded maritime injury firm based in Miami, Florida, but represents clients all over the world. From our offices in Florida, Georgia, Colorado, Washington, Hawaii and our headquarters in Miami, we can file cases in the appropriate jurisdiction. Our satellite offices are strategically located so that we can file your case where most of the shipping companies have their main offices.

We encourage you to contact us as soon as possible for a free consultation and to get specific legal advice on how best to move forward with your case. Whether working on wrongful death claims, claims for injured workers or cruise ship passengers, boating or jet skiing accidents, incidents that fall under the Jones Act, or countless other maritime claims, we are here to help.

Injured on a Cruise? Trust the Nation’s Top-Ranked Cruise Ship Attorneys to Fight for You

Safety standards on cruise ships can vary significantly, leading to accidents and injuries. Slip and fall incidents are common due to wet decks and unstable surfaces. Additionally, the sheer size of modern cruise ships can complicate evacuation procedures in emergencies, posing a risk to passenger safety. The Costa Concordia disaster in 2012, where a ship capsized off the coast of Italy, underscored the potential for catastrophic accidents.

Moreover, the cruise industry has been criticized for labor practices that can endanger crew welfare. Many crew members work long hours under challenging conditions, often with limited legal protections. This can lead to fatigue and increased risk of accidents, both for crew and passengers.

Security is another critical issue. While cruise ships are generally safe, security teams are unreasonably small and have conflicts of interest.  As such, cruise ships are not immune to crime: Incidents of theft and assault are reported every single year. The jurisdictional complexities of maritime law can complicate the prosecution of crimes at sea, leaving victims with limited recourse.

What is Maintenance and Cure, and How Does it Apply to My Case?

Maintenance and Cure is a fundamental principle in maritime law, providing essential protections for seafarers who become ill or injured while in service to a vessel. This doctrine is rooted in the historical duty of shipowners to care for their crew, reflecting the unique risks and challenges faced by those who work at sea.

The concept of Maintenance and Cure obligates shipowners to provide for the basic living expenses and medical care of seafarers who suffer injuries or illnesses during their employment. This obligation is not contingent upon fault or negligence; rather, it is an inherent duty owed to seafarers, recognizing their vulnerability and the hazardous nature of maritime work.

Maintenance refers to the daily living expenses that an injured or ill seafarer incurs while recovering. This includes costs for food, lodging, and other necessities that the seafarer would have received if they were still aboard the vessel. The amount provided for maintenance is typically modest, reflecting the basic nature of the support, but it is crucial for the seafarer’s sustenance during recovery. Cure, on the other hand, pertains to the medical care and treatment required to address the seafarer’s injury or illness. This includes doctor visits, hospital stays, medications, and rehabilitation services. The obligation to provide cure continues until the seafarer reaches maximum medical improvement, meaning the condition has stabilized and is unlikely to improve further with additional treatment.

The right to Maintenance and Cure is deeply embedded in maritime law and has been upheld by courts to ensure that seafarers receive the necessary support without undue delay. This doctrine is distinct from other legal remedies, such as claims for negligence under the Jones Act or unseaworthiness claims, as it does not require proof of fault or liability on the part of the shipowner.

It’s important to note that there are limitations to the Maintenance and Cure obligation. Shipowners are not required to provide support for injuries or illnesses that arise from a seafarer’s willful misconduct. Additionally, the obligation ceases once the seafarer reaches unequivocal maximum medical improvement, even if they are not fully recovered.

The enforcement of Maintenance and Cure rights is critical, as failure to provide adequate support can lead to significant hardship for injured or ill seafarers. Our maritime attorneys are well-versed in advocating for seafarers’ rights under this doctrine, ensuring that they receive the full extent of benefits owed to them. We have extensive experience in maritime law, and understand the intricate details of Maintenance and Cure claims. Our firm regularly holds shipowners accountable and secures the compensations our clients deserve.

Our Maritime Lawyers Demand Justice for Recreational Boating Accidents

The recreational marine industry, while offering enjoyment and adventure, poses significant risks that can lead to serious accidents and injuries. Our award-winning maritime attorneys are dedicated to helping victims navigate the complexities of recreational boating accidents to secure the justice and compensation they deserve.

One of the primary dangers in the recreational marine industry is the lack of adequate training and experience among operators. Many individuals engage in boating or sailing without proper knowledge of navigation, weather conditions, and safety protocols. This lack of expertise can lead to accidents, including collisions, capsizing, and grounding, resulting in injuries or fatalities. Our attorneys have extensive experience in handling cases where negligence or inexperience has led to harm, ensuring that victims receive fair treatment and compensation.

Weather unpredictability is another significant risk in the recreational marine industry. Sudden changes, such as storms or high winds, can catch even seasoned boaters off guard, leading to dangerous situations like capsizing or being stranded at sea. The legal team at Lipcon, Margulies & Winkleman, P.A. is adept at investigating these incidents, identifying any negligence in weather preparedness or response, and holding responsible parties accountable.

Equipment failure is also a common hazard in recreational marine activities. Faulty or poorly maintained equipment can lead to accidents, such as engine failures or steering malfunctions. Our attorneys are skilled in product liability cases, working tirelessly to prove manufacturer or operator negligence and secure compensation for victims.

Furthermore, alcohol consumption is a prevalent cause of recreational boating accidents, because it leads to impaired judgment. Our maritime attorneys are experienced in cases involving boating under the influence, advocating for victims affected by such reckless behavior.

In all these scenarios, the maritime attorneys at Lipcon, Margulies & Winkleman, P.A. provide expert legal guidance and representation. Our award-winning team is committed to thoroughly investigating each case, leveraging our deep understanding of maritime law to achieve favorable outcomes for their clients. By focusing on the unique aspects of each incident, we ensure that victims of recreational marine accidents receive the justice and compensation they need to recover and move forward.

Contact Lipcon, Margulies & Winkleman, P.A. To Request a Free Consultation with a Maritime Personal Injury Attorney Today

Contact our Miami, FL maritime lawyer headquarters today to request your free consultation. We are prepared to represent you in state and federal courts, the appropriate admiralty jurisdiction, whether through domestic or international laws and even through class-action litigation. If you are looking for a Florida bar board-certified trial lawyer with extensive trial and appellate practice, look no further than Lipcon, Margulies & Winkleman, P.A. We are recognized as the largest maritime law firm in the United States, and Charles Lipcon, Jason Margulies, Michael Winkleman, Carol L. Finklehoffe, and Jacqueline Garcell have all been named Best Lawyers® in America.

What Is A Maritime Lawyer?

The types of cases that a maritime lawyer handles include shipboard accidents on commercial vessels and passenger vessels; boating accidents; cruise ship and shore excursion accidents, such as those involving snorkeling or parasailing, cruise ship rape; and Jones Act claims. These cases involve serious personal injury due to negligence or criminal behavior. If you’re uncertain whether your case requires a maritime attorney, contact Lipcon, Margulies & Winkleman, P.A. for a free consultation with a maritime lawyer at our law firm.

General maritime law applies to maritime accidents in navigable bodies of water. Due to the unique nature of maritime law, a maritime lawyer must have significant additional training and education to ensure that they understand and can handle the complex and nuanced cases that stem from accidents and torts that occur at sea.

Maritime attorneys must be fluent in personal injury law, but this is only the start of how much understanding they must have to practice law as a maritime attorney. The types of cases that maritime lawyers handle include ship accidents, Jones Act claims (essentially, workers’ compensation claims for maritime workers), seaman’s claims, maritime wrongful death, assault, and rape. Because many of these claims occur on cruise ships, cargo ships, oil rigs, and other types of vessels, they require attorneys familiar with the nuances of maritime law and capable of practicing law in this field.

TV Appearances

The attorneys at Lipcon, Margulies & Winkleman, P.A. are known throughout the legal community and have developed a reputation as industry leaders. News networks like ABC, CBS, NBC, CNN, and FOX News have featured our maritime law authorities on their networks when they need an expert opinion about a legal matter occurring at sea. Our named partners have made appearances on the Today Show, Dr. Oz, Good Morning America, Nightline, and many others.

Established news media outlets seek the legal opinions and expertise of our team of Miami maritime lawyers because we can provide thorough, informed, and concise information in a way that’s digestible to their audiences. There is a reason why our attorneys have appeared on every single major news network, literally hundreds of times. We are the go-to resource for knowledge, expertise, and information regarding anything that happens on the water.