Experienced Trial Lawyers Assisting Victims of Marine Accidents & Casualties Nationwide
The maritime and admiralty law firm of Brais Law Firm has more than 28 years of combined trial experience for victims of marine accidents and casualties nationwide. If you or a loved one has a maritime claim involving personal injury or death on navigable waters, yacht & boat owner insurance disputes, or unsafe marine products, a maritime accident lawyer at Brais Law Firm, can help you. At Brais Law Firm, we help those who are bewildered and overwhelmed by personal tragedy. Our offices are conveniently located in Miami, Florida, and Boston, Massachusetts, major vessels and cruise ship hubs. In addition, we routinely handle claims throughout the United States.
We represent accident victims and families left behind after wrongful death on a contingency fee basis. Therefore, you owe no attorney fees unless we recover compensation for you. With 70 years of combined trial experience, Brais Law Firm has the expertise to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve.
Generally speaking, maritime law governs all accidents in inland, coastal, and ocean navigable waterways. This includes injuries aboard sea-going vessels, cruise ships, yachts, ferries, tugs, barges, oil rigs, riverboats, pilot boats, and fishing boats. Navigable waters mean waterways with direct or indirect access to the ocean versus a land-locked lake.
In certain instances, even an airboat accident in the everglades may be controlled by maritime law. “Admiralty and Maritime Law” comprises Federal Statues, International Treaties, and federal common law, otherwise known as “general maritime law.” In certain instances, courts deciding a case based upon maritime law may even “borrow” state law to the extent it is not inconsistent with well-established principles of maritime law. A maritime practitioner will one day be in state court arguing a federal statute and the next be in federal court citing an international maritime treaty.
Hiring a law firm that specializes in the law governing your claim will give you a significant advantage and, more likely than not, a better outcome than hiring a “general practice firm.” Brais Law Firm was formed based on the principle that clients needing maritime legal expertise are best protected and served by a highly specialized maritime accident lawyer who has dedicated their professional lives to maritime law. If your claim concerns admiralty and maritime law in the United States, the law firm Brais Law Firm is here to help. Choosing the board-certified maritime lawyers at Brais Law Firm to represent your interests may be the most critical factor influencing a favorable financial resolution to your maritime claim.
The attorneys at the law firm of Brais Law Firm have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers, email the firm, call 800-499-0551 from within the U.S., Skype BraisLaw worldwide, or click Contact Us to select and complete a form for a free evaluation of your case.
Who Qualifies as a Maritime Worker?
To file a maritime accident claim, you need to qualify as a maritime worker. A maritime worker is anyone who works in an occupation connected to the sea. For example, cargo ship crewmembers and fishermen are maritime workers and charter captains, longshoremen, and harbor workers. You are a maritime worker if your job has anything to do with the water.
Why Does It Matter if You Are a Maritime Worker?
Being a maritime worker affects your legal rights when you get injured on the job. While land-based workers in non-maritime occupations can file workers’ compensation claims under state law when they suffer job-related injuries, these laws do not apply in the maritime setting.
Instead, maritime workers’ rights exist under federal law. Specifically, there are three federal laws under which a maritime accident lawyer can help their clients seek just compensation in most cases:
A fourth federal law, the Death on the High Seas Act (DOHSA), provides important legal rights to family members who have lost maritime workers at sea. The Jones Act provides wrongful death compensation as well. If you have lost a loved one, a maritime accident lawyer can help you understand which type of claim you should file.
When Can You File a Claim for a Maritime Accident?
So, you are an injured maritime worker or have lost a loved one in a tragic accident at sea. Are you entitled to file a claim?
There is a good chance that the answer to this question is, “Yes.” Except for DOHSA, a vital aspect of all the laws discussed above is that they provide compensation on a “no-fault” basis. This means maritime workers and their families do not need any evidence of fault to receive benefits. While proving fault allows for the recovery of additional compensation under the Jones Act (and will enable families to file claims under DOHSA), even “no-fault” claims can provide injured workers and families with much-needed financial stability.
All types of accidents can justify maritime injury and wrongful death claims. For example, our maritime injury lawyer handles cases involving:
We Represent Maritime Workers and Families Nationwide
From our firm’s principal office, we represent maritime workers and families nationwide. Whether you are a permanent resident, have a job in the maritime industry, lost a loved one in another state due to a maritime accident, or simply looking for a highly-experienced maritime accident lawyer to assist you, we can help. Our experience includes recovering just compensation for clients located nationwide.
Is It Common for Maritime Workers to File Injury Claims?
Yes, maritime accidents are a regular occurrence, and injured maritime workers file claims. But, the unfortunate reality is that far too many maritime accidents still go unreported. By hiring a maritime lawyer to file a claim on your behalf, you can receive compensation for your injury, but you can also help raise awareness of the risks workers in your position face daily.
Can I Lose My Job if I File a Claim for a Maritime Accident?
Your employer cannot fire you because you filed a claim for your maritime accident. You have the legal right to file a claim (if you qualify), and you cannot lose your job for asserting your rights. But, if you can no longer do your job because of your injury, this could justify your employer terminating your employment. If you are concerned about losing your job, we strongly recommend you speak with a maritime accident lawyer before making any decisions.
Is It True that I Can Only Recover Maintenance and Cure Benefits?
Some employers will tell their employees that they only qualify for maintenance and cure benefits. While this is true in some cases, many injured maritime workers are entitled to additional compensation. If your employer tells you this, it is looking out for its financial interests, not yours. In addition, it doesn’t want to be held accountable for causing your injury. Rather than trusting your employer, you should seek advice from an experienced attorney.
What if My Employer Denies My Maritime Accident Claim?
Employers routinely deny their employees’ maritime accident claims—including claims for “no-fault” maintenance and cure benefits. If you have been denied benefits under the Jones Act, LHWCA, or OCSLA, you should not accept your employer’s (or insurance company’s) decision. Instead, you should discuss your legal rights with an experienced maritime accident attorney.
I was in pain for a good 6 months, it was just a nightmare…It wasn’t until I got Mr. Brais that I really started getting the help I needed from the doctors. You need somebody you can trust, somebody to give you some guidance. They stuck in there with me the whole way.
I just thought he [Mr. Brais] was the man to do it. I felt comfortable with him being by my side. The pain my family has suffered has been immeasurable, but he was there with me. It’s not just him, it’s his team also. Keith really stood up for my son. I know I made the best choice.
As we worked with Keith, I realized what would have happened had we just selected an attorney in town…I realized that the outcome would have been probably entirely different, and not as successful as it was. I felt very comfortable going through with the whole process. I would say Keith is a superhero.
I highly recommend Brais Law Firm. Their professionalism and expertise were top notch. My slip and fall injury case involved a well known cruise ship and was nerve racking to me. They calmed all my fears and walked me through step by step. In the end they helped me obtain a favorable recovery. Look no further, call them with your Maritime case!!!
I was in an accident where I was struck by a boat and boat propeller. The Brais Law Firm represented me in a very professional manner. I am very satisfied with the service and support I received from the firm and happy with the results they achieved. I recommend Keith Brais and his firm to anyone needing representation related to a maritime personal injury.
There are all types of attorneys who practice law, but not all attorneys are best suited to handle your maritime injury or cruise ship accident case.
Certain cases require attorneys with particular expertise. If your claim involves navigable waters and a vessel of whatever type (e.g., cruise ship, tanker, cargo, ferry, tug and barge, yacht, pleasure boat, dive boat, personal watercraft, etc.) or employment in the marine industry (e.g. crew member, Jones Act seaman, longshoreman, cruise ship employee, etc.), then your claim is governed by maritime law.
Maritime law is a unique end esoteric body of law. It is very different from auto cases or other “shore-side” types of claims and requires the expertise of a skilled and experienced maritime practitioner.
Keith Brais was the first of a limited number of attorneys to become board certified in maritime law by the Florida Bar in 1996.
The nationwide maritime injury lawyers and cruise ship accident attorneys with Brais Law Firm are experts in the field of maritime law.
Only seven percent of Florida attorneys can represent that they are experts in a particular field of law under Florida Bar rules. Only after practicing a requisite number of years, providing proof of substantial relevant legal accomplishment, and passing a board certification exam may an attorney ethically represent themselves as an “expert” in a certain practice area.
Keith Brais was the first of a limited number of attorneys to become board certified in maritime law by the Florida Bar in 1996.
Even today, there are very few board-certified maritime attorneys and even fewer who represent plaintiffs. The firm’s maritime injury attorneys and cruise ship accident lawyers work exclusively on behalf of injured individuals or loved ones left behind after wrongful death and are here to help and lend their expertise in support of your claim.
Having graduated with a B.S. degree in Marine Engineering from Massachusetts Maritime Academy, acquired three U.S. Coast Guard licenses and worked on offshore oil drilling platforms for more than seven years, Keith Brais brings an uncommon degree of real world experience to his clients’ personal injury and wrongful death claims.
Resort Guest Lifetime
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PWC / WaveRunner Personal Injury
Crew Member Personal Injury
Cruise Passenger Sexual Assault
Tug & Barge Crew Member Wrongful Death
Unsafe & Defective
Products Liability
Crew Member Personal Injury
Jet Skier Jury Verdict
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The attorneys within and “of counsel” to our firm have more than 70 years and 100 trials of collective experience trying cases before judges and juries.
Keith Brais is among a select number of attorneys who have achieved board certification in maritime law by the Florida Bar.
Our mission statement is “Protecting Rights and Restoring Lives.” These are not merely words. We have the experience to protect your rights, the compassion to serve your needs and the skill to obtain the compensation you deserve.
The members of our legal team have received numerous awards and accolades throughout the course ion their careers, including being “AV Preeminent rated with Martindale Hubbell and named as members of both Super Lawyers and Legal Elite.
Keith Brais graduated from the Massachusetts Maritime Academy with a B.S. degree in marine engineering. Over his seven plus years working aboard ships and offshore oil rigs, he acquired three U.S. Coast Guard Licenses.
(now inactive).
The attorneys at our firm represented maritime employers, cruise lines, insurance companies and other major players in the maritime industry for nearly 20 years. These “blue chip” marine employers and insurers can and do hire only the best available attorneys. The attorneys with Brais Law Firm now put their expertise and experience to fight for the rights of the individuals who have suffered serious personal injury or wrongful death of a loved one.
At Brais Law Firm we focus our efforts on helping individuals, not insurance companies, cruise lines, corporations or marine employers. Our firm is here to help you and your family.
Every maritime injury and cruise ship accident lawyer at our firm is focused on getting individuals the compensation they deserve. Since deciding to help only personal injury or wrongful death clients, we have proudly secured nearly $100 million for our clients.
Partner Keith Brans is a member of the Multi-Million Dollar Advocates Forum. Fewer than 1% of U.S. lawyers are members of this prestigious group of trial lawyers.