Florida Maritime & Admiralty Lawyers

Have you been hurt in a maritime accident in or off the coast of Florida? If so, it’s important to understand that you have specific rights under state and federal laws, and that a maritime and admiralty lawyer can help you enforce them. These attorneys have in-depth knowledge of the specialized laws governing these complex injury claims.

At Rosen & Ohr, P.A., we have over 50 years of combined experience handling cases for injured clients, including those hurt on the water or in maritime industry accidents in South Florida. Our bilingual staff serves clients in both English and Spanish to better serve our community while providing the professional, zealous, and loyal representation we’re known for.

Contact our firm today for your free case review with a Florida maritime lawyer.

What Florida Maritime and Admiralty Law Covers

In Florida, maritime and admiralty law generally covers legal claims that arise on navigable waters, such as oceans, rivers, and canals, or in ports, harbors, docks, and shipyards. When accidents occur in these situations, whether maritime law applies depends on the location of the incident and its connection to traditional maritime activity. Federal maritime law may govern, supplement, or coexist with state law depending on the circumstances.

Admiralty and maritime law can impact injury compensation rights for workers, such as seamen, longshoremen, and dock workers. Victims of accidents on the water, including in recreational boating or cruise ship incidents, may also fall under these laws.

The Jones Act and Injured Maritime Workers in Florida

A Florida Jones Act attorney at Rosen & Ohr, P.A. can help seamen injured on the job pursue their rights to compensation under federal law.

The Jones Act provides specific legal remedies for sailors injured aboard vessels that are subject to the law, such as ships, barges, mobile rigs, or tugboats.

Under the Jones Act and general federal maritime law, seamen have three main protections when they get hurt at work:

• Negligence claim: An injured seaman may file a personal injury claim against the seaman’s employer for negligence, which could include negligent actions by the ship’s owner, captain, or other crew members depending on the circumstances.
• Unseaworthy claim: Vessel owners owe a duty to qualifying seamen to keep the vessel reasonably fit for its intended purpose. This may allow seamen to file lawsuits for injuries caused by unsafe conditions.
• Maintenance and cure: Employers must pay injured seamen for their reasonable food and lodging expenses, and medical care during their recovery from a work-related accident, regardless of who was at fault, generally until they reach Maximum Medical Improvement.

Courts have ruled that a worker generally qualifies as a seaman if they perform a significant amount of work on a “vessel in navigation” on navigable water and spend at least 30 percent of their working time aboard the vessel or fleet. Further, the employee’s duties must generally contribute to the function or mission of a vessel, and the employee must have a substantial connection to a vessel or identifiable fleet in both duration and nature.

Other maritime employees, such as dock and harbor workers, also have legal remedies for injury under different federal laws. The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers certain workplace injuries and deaths that occur on domestic navigable waters or in adjoining areas used for loading/unloading, repairing, dismantling, or building a vessel. The Act generally includes both a status requirement involving maritime employment and a situs requirement involving a covered maritime location, subject to statutory exclusions. The Act entitles eligible covered workers to financial support, including reimbursement of lost wages and payment of medical treatment needed for their recovery from a work-related injury.

Boating and Cruise Ship Accidents in South Florida

Due to Florida’s long coastline and extensive intracoastal waterways, the state sees a high number of on-the-water accidents. South Florida is host to several of the nation’s busiest cruise ports, including PortMiami, Port of Palm Beach, and Port Everglades.

Florida residents and visitors injured due to another party’s negligence in a boating or cruise ship accident in South Florida may have a personal injury claim against the responsible parties. Depending on the circumstances, accident victims may be entitled to compensation for their medical bills, lost wages, and more.

Injury Claim Deadlines for Boating and Cruise Accidents

A personal injury or wrongful death action arising from a maritime tort is generally subject to the three-year limitations period in 46 U.S.C. § 30106.

However, when a claim is governed by Florida law, Florida’s statute of limitations provides that victims typically have two years from the date of a recreational boating accident to file a personal injury lawsuit. However, exceptions may apply that require you to act more quickly. There may also be statutory notice requirements to comply with.

Injured cruise ship passengers may be subject to the terms of their ticket, which might impose a shorter deadline to file an injury claim. Often, cruise tickets require the injured party to give notice of a personal injury claim within as little as six months from the date of accident, and commencement of a lawsuit within as little as one year.

That’s why seeking legal counsel as soon as possible after suffering an injury on a cruise out of South Florida is essential to protect your rights.

Why Hire the Rosen & Ohr, P.A. Florida Maritime Team?

When you’ve been injured in any boating or maritime-related accident in Florida, let the legal team at Rosen & Ohr, P.A. help you pursue your legal options with our 50 years of combined legal experience. Our attorneys work diligently to protect the rights and interests of injury victims. Their efforts have enabled us to secure millions of dollars in meaningful compensation for our clients, including a $5.25 million settlement for a fatal wrong-way DUI collision, a confidential 6-figure settlement for a South Florida man that fell aboard his friend’s vessel while parked at a local marina, as well as numerous other life-changing results.*

Injury victims turn to our Florida admiralty law attorneys because we blend strategic legal representation and stellar customer service by:

• Putting your needs and goals first
• Keeping clients informed and responding promptly to their questions
• Being available to answer your questions and respond to your concerns
• Representing English, Spanish, Russian, and Haitian Creole-speaking clients
• Thoroughly preparing every case we handle
• Identifying and preparing for the legal and factual arguments the defense may raise
• Aggressively pursuing maximum compensation and never backing down from a fight

An accident can leave you concerned about piling medical bills or paying your daily living expenses if you cannot work. You can trust our firm to vigorously pursue the money you need to recover from devastating injuries. We also handle maritime injury claims on a contingency basis, meaning you pay nothing upfront to hire us and we only collect legal fees if we secure a financial recovery for you.

As one client said of their experience working with our law firm:

“I am forever grateful for the professional representation given to me by Jerrad. Finding myself in an unfamiliar situation of physical pain and financial distress, Jerrad navigated the complex legal process with clarity and constant reassurance. His legal knowledge, problem solving and negotiating skills were matched with his ability/willingness to keep me informed. Plain and simple…he’s a top notch attorney that knows how to communicate! And, those qualities separate him from all others. With trust, I have and will continue to recommend Rosen & Ohr.”

Joe J.

Contact Rosen & Ohr, P.A. for a Free Florida Maritime Law Case Review

Have you been hurt in an accident while working in a maritime job or while on a boat or cruise ship in Florida? If so, you may have a legal claim to seek compensation for your harm and related losses.

Contact Rosen & Ohr, P.A. today for a free consultation with a knowledgeable maritime injury lawyer in Florida to learn more about your rights.

*Each case is unique, and past results do not guarantee future outcomes.