
What is Admiralty and Maritime Law?
Admiralty and maritime law is a complex body of statutes and case law
developed over the course of many years to regulate the relations between
ship owners, cargo owners, passengers and crews of vessels operating
in coastal and international waters.

Why would I need a specialist in Maritime Law?
Most people -- and in fact most lawyers -- are unfamiliar with this
body of law. Federal statutes and tickets of passage create statute
of limitations, venue, and other issues that are unique to maritime
law. Vessel owners, and in particular their insurers and representatives,
have a far greater knowledge of these laws and procedures than you do.
With far-reaching and costly consequences to the injury victim, substantial
sums tend to be at risk. A capable maritime lawyer on your side can
eliminate the advantage vessel owners and their insurers have in dealing
with your claim.

Why would I need a maritime lawyer based in Florida?
In the majority of cases, if you were a passenger on a cruise ship,
you most likely have a Forum Selection Clause on your cruise ticket
requiring that any suit must be brought in either Miami-Dade County
or Broward County. Whatever the designation, it will be in a court in
south Florida.

What does it mean to be Board Certified in Maritime Law?
The Florida Bar tests and certifies attorneys who are specialists in
particular fields of law. Extensive experience and rigorous testing
are required in an effort to ensure that certified attorneys possess
the knowledge and experience to well represent their clients in these
areas. Andrew Waks is Board Certified in Maritime Law by the Florida
Bar.

How does Waks & Barnett determine its fees?
Waks & Barnett provides free consultations on all personal injury
matters. If we accept a case, our fee is contingent upon a successful
outcome and is based upon the amount of money we recover for our clients. The
Florida Bar regulates these amounts.
FAQs for Injured Crewmembers
If I've been hired
to work on a vessel, do I have any right to be compensated if I suffer
an injury or illness?
Yes, but your rights depend upon what you were hired to do, and whether
there was any negligence or unseaworthiness involved. To qualify as
a crewmember, it is not necessary to be directly involved in a vessel's
movement from place-to-place, so long as your work contributes to the
accomplishment of the vessel's overall mission. For example, processors
on factory trawlers or on fish-processing ships, and food-service workers
and card dealers on passenger vessels are all crewmembers. Even marine
construction workers on special crafts such as dredges may qualify.
If I am a crewmember
and there is no negligence or unseaworthiness involved, what are my
rights?
You are entitled to maintenance (a daily allowance to help support
you), cure (your medical expenses), and wages (a continuation of your
pay, at least for a brief interval, and perhaps longer, depending on
the terms of your employment agreement).
Under what circumstances
must the above benefits be paid?
Whenever a crewmember becomes injured or ill while still in the service
of the vessel. The injury or illness need not be caused by the crewmember's
work. Even a crew member who suffers an injury or illness while on authorized
shore leave may be entitled to these benefits, so long as he or she
is "on call" and bound to resume the performance of duties
upon command.
If there is negligence
or unseaworthiness, are there additional benefits?
Yes. Under Maritime law, if a crewmember's injury or illness has been
caused even to the slightest degree by negligence, the individual may
recover damages in addition to the basic benefits outlined above. Under
Maritime law, unseaworthiness does not refer to vessels which are just
about to sink, but is rather a very broad term, including any defect
or deficiency in a vessel, equipment, supervision or personnel. Under
these circumstances, if injured due to either negligence or unseaworthiness
of the vessel, a crewmember may collect damages for out of pocket losses,
past and future medical expenses, lost income, loss of earning capacity,
as well as damages for past and future pain and suffering, and loss
of enjoyment of life.
If a suit is brought,
when or where will it go to trial, and how long will it take before
I am compensated for my injuries?
Maritime suits may be brought in State or Federal courts, depending
upon the circumstances. Suit may be brought in various jurisdictions,
based on the place of employment, place of injury, vessel owner's residence
or present location of the vessel. The choice made in your case would
be on the basis of what is most advantageous to you. As to how long
it will take to resolve your case, the basic guideline is the sooner
begun, the sooner resolved. Most vessel owners or insurers will not
rush to compensate you, and will settle the case only when liability
has been established and the damages demonstrated. Likewise, court calendars
are congested, so the sooner an action is filed, the sooner the case
will be resolved.