Maritime Accident Lawyer 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.
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Practice Areas
- Commercial Fisherman Accidents
- Coronavirus (COVID-19) … What did the Cruise Lines Know?
- Crew Member Disappearances & Falling Overboard Lawyer
- Dock Worker Injuries
- Drilling & Oil Rig Accidents
- Ferry, Tour Boat & Charter Vessel Injuries
- Florida Barge Accident Lawyer
- Harbor Worker Injuries
- Injured Seaman & The Jones Act
- Longshoreman Injuries
- Maritime Liens & Vessel Arrest Attorney
- Maritime Wrongful Death
- Merchant Seaman Penalty Wage Statutes Lawyer
- Miami Defective Product Lawyer
- Offshore Injuries
- Seafarer Unseaworthiness Injury Attorney
- Tugboat Accidents
- Unsafe/Defective Products
Our Leading Maritime Law Firm Is Here to Help You
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.
Maritime Accident Lawyer FAQs
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:
- Merchant Marine Act (Jones Act) – The Merchant Marine Act, more commonly known as the Jones Act, protects maritime workers who qualify as “seamen.” If you are a seaman, you can file for maintenance and cure benefits after any job-related accident, and you may also be able to file additional claims.
- Longshore and Harbor Workers Compensation Act (LHWCA) – The Longshore and Harbor Workers Compensation Act (LHWCA) protects maritime workers who suffer injuries on navigable waters, docks, piers, terminals, and other adjacent areas. It provides benefits similar to those available under most state workers’ compensation laws.
- Outer Continental Shelf Lands Act (OCSLA) – The Outer Continental Shelf Lands Act (OCSLA) protects maritime workers who spend their days on fixed rigs and platforms at sea. In addition, the OCLSA extends the benefits afforded by the LHWCA to maritime workers who would not otherwise qualify.
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:
- Accidents involving coworker negligence
- Accidents involving equipment malfunctions and machinery failures
- Accidents involving lines, nets, winches, windlasses, and capstans
- Capsizing or running aground
- Collisions with other vessels or stationary objects
- Drowning and near-drowning accidents
- Exposure to harmful fumes, chemicals, bacteria, or viruses
- Fires and explosions
- Hazardous weather and sea conditions
- Hazardous working conditions (i.e., welding without proper ventilation)
- Inadequate safety equipment or safety precautions onboard
- Slips, trips, and falls
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.
Marine Companies We Sue
- Antillean Marine Shipping Corp.
- Beyel Brothers, Inc.
- Beyel Brothers Crane Services, Inc.
- Continental Casualty Co.
- Crowley Maritime Corp.
- FLC Marine, LLC
- Jungle Queen
- Maersk Lines Limited
- Portcity Steamship Services, Inc.
- Southpoint Divers
- Starboard Cruise Services
- Steiner Transocean
- Tropical Shipping
- U.S. Navy – Military Sealift Command
WE FOUGHT ON THEIR BEHALF,
HEAR WHAT THEY HAVE TO SAY:
Cruise Ship Crew Member Injury
– Client
Tug & Barge Crew Member Death
– Client
Resort Guest Injury
– Client
Hire an Attorney Who Specializes in Maritime Law
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.
Board Certified Experts in Maritime Law
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.
Meet the team
Keith S. Brais
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.
Michelle Y. Gurian
Michelle has concentrated in the area of plaintiffs’ civil trial practice since the beginning of her legal career. Her experience includes land-based and admiralty/maritime personal injury, wrongful death, and class action litigation.
Eliot T. Brais
Eliot T. Brais is the sole and managing shareholder in his North Attleboro, Massachusetts office. He began his law career in 1988, joining his father, Ronald A. Brais, who had enjoyed a 40 year practice primarily concentrating on estate planning and small business law.
Over 70 Years & 100 Trials of Collective Experience
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.
Board Certified Expert in Maritime & Admiralty Law
Keith Brais is among a select number of attorneys who have achieved board certification in maritime law by the Florida Bar.
“Protecting Rights and Restoring Lives”
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.
Award Winning Legal Team
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.
Real World Experience in the Maritime Industry
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).
First-Hand Knowledge of Opposition
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.
Exclusively Representing Injured Individuals
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.
Track Record of Success
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.
Member of the Multi-Million Dollar Advocates Forum
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.