Miami Maritime Accident Lawyer

Miami maritime accident attorney at Brais Law Firm has extensive experience handling cruise ship passengers and crew, boating, yachting, scuba diving, personal injury, and death claims in and throughout Florida. Our dedicated lawyers offer accident victims and their families 30+ years of collective trial experience in cruise ship injury and boating accident lawsuits. Known for its nightlife and beaches, Miami is an international vacation destination. Miami offers some of the world’s best boating, sailing, scuba diving, snorkeling, and fishing. Miami and Biscayne Bay is also the home of well-known boat races, such as the Columbus Day Regatta & the Bacardi Cup.

Miami Maritime Injury Law Firm Assisting People Harmed in Cruise Ship Accidents

Cruise Line Cruise Ship
Azamara Quest
Carnival Conquest
Carnival Glory
Carnival Horizon
Carnival Magic
Carnival Sensation
Carnival Victory
Carnival Vista
Celebrity Equinox
Celebrity Eclipse
Disney Magic
MSC Divina
MSC Seaside
Norwegian (NCL) Escape
Norwegian (NCL) Getaway
Norwegian (NCL) Jade
Cruise Line Cruise Ship
Norwegian (NCL) Star
Norwegian (NCL) Sun
Norwegian (NCL) Sky
Oceania Insignia
Oceania Riveria
Oceania Regatta
Oceania Sirena
Royal Caribbean Empress of the Seas
Royal Caribbean Enchantment of the Seas
Royal Caribbean Mariner of the Seas
Royal Caribbean Navigator of the Seas
Seabourn Odyssey
Seabourn Sojourn
Seabourn Quest
Viking Sky
Viking Sun

With over 8 million cruise passengers traveling through PortMiami in 2024 alone, it is not surprising that the port is well recognized as the “cruise capital of the world.” While the heavy volume of ships and passengers is a critical component of the region’s economy, a wide range of accidents and injuries can occur on these vessels. From slip and falls and swimming pool accidents to sexual assaults and injuries caused by crew negligence, the experience on a cruise ship is not always a positive one for passengers. In addition, members of the crew are at high risk of injury while working aboard a cruising vessel.

The laws governing cruise ship injuries and accidents are extraordinarily complicated and are best handled by attorneys with specific expertise in cruise ship and other maritime claims. The legal team at our firm includes Florida Bar board certified maritime law attorney Keith Brais who has vast experience helping people who have been injured on cruises, including cruises leaving from the Miami area. Our Miami maritime attorneys also represent crew members and other cruise ship industry workers who have been injured on the job. We are dedicated and compassionate maritime law professionals who will do everything we can to help our clients recover fair and full compensation for their injuries.

Hundreds of Millions Recovered

6.6 Million Watersports Injury

19.9 Million Resort Guest Injury

2.9 Million Crew Member Injury

9.8 Million Resort Guest Death

6.8 Million Crew Member Injury

2.2 Million Cruise Member Sexual Assault

1.3 Million Tug & Barge Crew Member Death

1.1 Million Jet Ski Injury

What You Need to Know About Your Maritime Injury Case

If you’ve been injured in a maritime accident, it is important to know what you can expect from your case. Here are five key facts about seeking financial compensation with the help of a maritime attorney in Miami:

1. Most Maritime Accidents Lead to Injury Claims

While some accidents simply happen, most accidents resulting in maritime injuries will lead to maritime injury claims. This includes accidents such as:

  • Barge and tugboat accidents
  • Commercial fishing accidents
  • Cruise ship accidents and assaults
  • Offshore work accidents
  • Parasailing accidents
  • Personal watercraft/jet ski accidents
  • Port, dock and marina accidents
  • Recreational boating accidents
  • Scuba diving and snorkeling accidents
  • Watersports accidents

As a result, if you have been injured in a maritime accident under any circumstances, you owe it to yourself to speak with a Miami maritime accident lawyer about your legal rights.

2. Employers, Charter Companies and Other Businesses Are Frequently Liable for Victims’ Injuries

The reason why so many maritime injury victims can file claims is that companies routinely make mistakes and poor decisions that put their employees and customers in harm’s way.

This includes mistakes ranging from failing to adequately maintain vessels and equipment to hiring inexperienced and untrained workers.

Under federal maritime laws such as the Jones Act and Longshore and Harbor Workers’ Compensation Act (LHWCA), injured maritime workers can frequently file claims without proof of fault as well.

What You Need to Know About Protecting Your Claim for Just Compensation

While there are many ways a Miami maritime accident lawyer can help you, there are also steps you must take to help yourself. For example, here are five critical facts about protecting your claim for just compensation:

1. It Is Up To You to Protect Your Rights

If you have a maritime injury claim, no one is going to take care of protecting your rights for you. You need to be smart about protecting your rights, and this starts with hiring an experienced lawyer to represent you.

2. The Sooner You Take Action, the Better

Once you get injured, the clock starts ticking. The sooner you hire a lawyer, the better chance your lawyer will have to collect critical evidence before it disappears.

3. There Are Several Steps You Need To Take

After suffering a maritime injury, there are several steps you must take to protect your rights. For example, you should see an independent doctor immediately (not rely solely on the ship’s doctor), take good notes and plenty of photos, and arrange a free consultation as soon as possible.

4. There Are Also Several Mistakes You Need to Avoid

When taking these steps (among others), you also need to be careful to avoid costly mistakes. If you do or say the wrong thing after your maritime accident, you could end up without the compensation you deserve.

5. Protecting Your Legal Rights Requires Experienced Legal Representation

Regardless of the circumstances surrounding your injury, you will need an experienced lawyer on your side. From proving fault to calculating the long-term costs of your maritime injury, there are numerous steps you will need a lawyer to take on your behalf.

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What You Need to Know About Hiring a Miami Maritime Accident Lawyer

How do you choose a Miami maritime accident lawyer? What can you expect once you put a lawyer on your side? Here are five important facts about hiring a lawyer to represent you:

1. It Is Important to Hire a Lawyer Who Specifically Handles Maritime Injury Cases

Due to the unique nature of maritime injury cases and the complicated issues involved, it is important to hire a lawyer who specifically handles maritime injury cases. The lawyer you choose should have a proven record of success representing captains, crew members, passengers and other individuals.

2. It Is Important to Hire a Lawyer with Local Experience and Connections

If your accident happened in Miami or off the coast of South Florida, you will want to hire a lawyer who has local experience and connections. This will be important for making sure you are able to recover the full compensation you deserve as quickly as possible.

Miami Maritime Accident Attorney FAQs

What is the statute of limitations for my maritime injury claim in Miami? Do I have to file my maritime accident lawsuit in Miami, even if the accident happened elsewhere? What is the difference between a maritime injury claim and a standard personal injury claim in Miami? In Miami, how much is my maritime accident case worth?

What is the statute of limitations for my maritime injury claim in Miami?

It depends heavily on who you are, but it is often much shorter than standard land-based injuries. If you are a cruise ship passenger, your ticket contract almost always limits your time to file a lawsuit to one year, and usually requires a written notice of intent to sue within six months. For general maritime law and Jones Act claims (crew members/seamen), the federal statute of limitations is typically three years.

Do I have to file my maritime accident lawsuit in Miami, even if the accident happened elsewhere?

Yes, very often. Major cruise lines (like Carnival, Royal Caribbean, and Norwegian) insert a “forum selection clause” into the fine print of every passenger ticket contract. This clause dictates that any lawsuit against them must be filed in the U.S. District Court for the Southern District of Florida (located in Miami), regardless of where you bought the ticket, where you live, or where in the world the accident occurred.

What is the difference between a maritime injury claim and a standard personal injury claim in Miami?

Maritime claims are governed by federal maritime law and specific statutes rather than Florida state laws. For example, if you are an injured maritime worker, you generally don’t file for standard worker’s compensation; instead, you seek “Maintenance and Cure” or sue under the Jones Act, which requires proving your employer’s negligence. Furthermore, concepts like “unseaworthiness” are entirely unique to maritime law.

In Miami, how much is my maritime accident case worth?

There is no fixed number, as it depends on the severity of your injuries, clear proof of negligence, and economic losses. However, a maritime claim can recover damages for past and future medical bills, lost wages, loss of earning capacity, and physical pain and suffering. If you are a crew member, you are also entitled to “maintenance” (daily living expenses) and “cure” (medical treatments) until you reach maximum medical improvement.

Contact a Miami Maritime Accident Attorney to Discuss Your Claim

If you or a family member has been injured in recreational boating, cruise ship, dock, port, harbor, or any other maritime accident in the Miami area, we encourage you to contact our Miami maritime lawyer at Brais Law Firm today. Our Florida law office is conveniently located in Miami and we routinely litigate maritime claims in courts throughout the state. We offer free case evaluations to people who have been injured in all types of accidents that have occurred on or near the water. To reach a Miami injury maritime lawyer at our firm, you can submit our online contact form or call our offices at 800-499-0551.

Awards & Legal Memberships

 

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