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.

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.

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).

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.

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.

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.