Maritime Law (Cruise Ship Injuries | Boating Accidents | Crew/Longshoremen Accidents)

A maritime lawyer is primarily involved with a special set of laws and regulations dealing with people who may be injured on a ship or boat, as a result of either a work-related or recreational accident. Waks & Barnett handles many cases involving personal injuries or wrongful deaths that are brought either by crewmembers or passengers. The law applying to crewmembers is different from the maritime rules that apply, for example, to passengers on cruise ships or recreational boats. It is the job of the maritime lawyer to see that the injured crewmembers, cruise ship passengers or recreational boaters receive the proper amount of compensation for their maritime injury.

Maritime law is highly technical when it comes to where and when a maritime claim can be filed and the benefits which the victim of a maritime accident may be entitled to receive. Although most maritime personal injury cases are settled, they must often first be litigated in court and, depending on the circumstances, the case may be brought either in a state or a federal court. Decisions about where to file the claim, how a claim will be litigated, what witnesses to call, and whether a settlement offer is reasonable, are the role of a maritime lawyer.

In selecting a maritime lawyer, it is important to review the experience of the lawyer involved in handling the case, the ratings that he may have received, and whether or not the maritime lawyer is Board Certified. At Waks & Barnett, our attorneys have received the highest possible rating (AV) by Martindale-Hubbell, the distinguished legal directory, and Andrew L. Waks of our firm is Board Certified by the Florida Bar in maritime law.

Medical Negligence

Medical Negligence involves care given by a health care provider - doctor, nurse, dentist, hospital or others - that falls below the standard of care of similar providers and causes harm to a patient. These standards of care may be published by a medical society or other organization, and are required knowledge for medical professionals. Some medical professionals give care that falls below these standards, care that is negligent and harms their patients, such as delay in the diagnosis of cancer leading to loss of a chance of a cure, or misdiagnosing a condition because routine tests or procedures were not ordered, or were misinterpreted.

Waks & Barnett handles all types of medical negligence cases, including cardiac medicine, obstetrics, surgical malpractice, and failure to diagnose cancer claims. Our practice is statewide. Substantial resources are needed to take on hospitals, doctors and insurance companies. We have those resources, and the determination necessary to go the distance for our clients. It takes experts to determine what is negligent and what could have been done to avoid the harm from that negligence.

Automobile Accidents

Automobile accidents rarely result in simple, run of the mill cases. What may appear to be a straightforward case is often anything but clear-cut. Many of the worst drivers on the road are often uninsured or do not carry enough insurance to pay for all the damage and injury caused in an accident. What many people do not realize is that their own insurance policy may cover these damages. It takes an experienced attorney familiar with insurance policies to help you weed through the insurance language to make this determination.

Victims of automobile accidents suffer a variety of injuries, including sprains/strains, spinal injuries to the neck or back, head injuries, broken bones, and seat belt and air bag injuries. Some of these injuries may not appear serious at first, but often get progressively worse. Some may result in serious disability or significantly diminish your quality of life, which can affect your entire family.

The insurance companies that insure the drivers who cause these injuries spend millions of dollars defending these claims and, if you are not represented by experienced lawyers, they will take advantage of you. At Waks & Barnett, our attorneys and support staff possess this experience and will help you obtain compensation for all of your injuries, medical bills, income loss, pain and suffering, past and future. Although the insurance companies are often willing to settle cases without going to court, if they choose to fight, our attorneys are willing and able to vigorously pursue your rights in a court of law.

Slip & Fall

In general terms, "slip and fall" accidents refer to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on the premises. Such falls can happen inside or outside a building, and can be caused by such conditions as bad flooring, wet floors, poorly lighted steps, or, in the case of outdoor accidents, weather-related or hidden hazards. A crack or pothole, for example, can be the cause of a slip and fall in a parking lot.

All slip and fall accidents are covered by negligence law and deal with the concept of premises liability. Property owners have a "duty of care" to see that their property is safe. This includes insuring that the building has no structural defects that could cause an accident, both inside and out. Structural defects can include: loose floor mats, rugs, or tiles; water on the floor; badly lit stairs or steps; cracks or holes in sidewalks or parking lots. The injured person also has a duty to exercise reasonable care, so if any action of yours contributed to the accident, you may share in the negligence.

If you experience a slip and fall accident, you should try to determine what made you fall and if it could have been anticipated and prevented. If anyone saw you fall, be sure you get the names and addresses of all witnesses. Try to note the conditions in the area – was the lighting poor, was there some substance that made you slip. If you did slip because of something on the floor, try to obtain a sample. Also, try to get pictures of the area. Report any such accident to the manager or owner and insist that they make a record of it. It is your responsibility to prove that a hazard existed and that it was the cause of your accident.

Products Liability

Products liability is the area of tort law that deals with product defects and damage caused by that product. The manufacturer and seller of products containing defects that cause harm to a consumer or user of the product are the subjects of products liability suits.

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. There is no federal products liability law. In every jurisdiction one must prove that the product is defective.

There are three types of product defects that incur liability in manufacturers and suppliers: design defects that exist before the product is manufactured; manufacturing defects that occur during construction and production phases; defects in marketing whereby improper instructions have been given to consumers in the use of the product or by a failure to warn about possible dangers in misuse of the product.

Products Liability is generally considered a strict liability. Liability of a defendant in a products liability case is determined when it is shown that the product is defective, and that the defect is the cause of the injury or death.