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"maritime Law Attorneys: Advocates For The Rights Of Workers In The Oil Boom Industry"

 "maritime Law Attorneys: Advocates For The Rights Of Workers In The Oil Boom Industry" - U.S. News & World Report Brand , Margulies & Winkleman, P.A. (LM&W, P.A.) to Best Law Firms® in Admiralty & Maritime Law 2023. LM&W, P.A. is the only maritime company representing passengers and injured workers to receive the prestigious level of recognition for many years in a row.

U.S. news rankings "Best Law Firms®" are based on an evaluation process that includes the collection of client and attorney reviews, peer review of leading attorneys in the field, and review of additional information provided by law firms as part of the legal process. submission process.

"maritime Law Attorneys: Advocates For The Rights Of Workers In The Oil Boom Industry"

Best Lawyers® is the oldest and most respected lawyer service in the world. For nearly 40 years, Best Lawyers has helped those seeking legal services identify the most qualified attorneys to represent them in remote locations or unfamiliar specialties. The Best Lawyers® rankings are published in leading local, regional, and national publications around the world.

Introduction To Maritime Law

In addition to being named one of the "Best Law Firms"® in Admiralty & Maritime Law, the firm has received the highest type of recognition in the industry including:

Since 1971, LM&W has provided top-notch service and exceptional accommodations to customers. With over $300 million in claims and successfully handling over 3,000+ cases, the LM&W team goes above and beyond to represent passengers and crew members worldwide with total trust, compassion and excellence.

In addition to being recognized by organizations such as U.S.News & World Report and Best Lawyers®, our attorneys have also appeared on national television more than 100 times. Learn more about our firm and our achievements.

From our headquarters in downtown Miami, or our satellite offices in South Miami, Colorado, Seattle, Georgia, Washington, Texas, Hawaii and Massachusetts we can represent injured passengers and crew anywhere in the world. Our maritime law firm serves international clients from countries around the world, including North America, Central America, South America, Europe, Africa, Asia and the Middle East. We have appeared in courts around the world and are equipped to serve clients who speak almost any language.

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If you have questions about a potential maritime law claim, please contact us for assistance. LM&W is here 24/7 to provide comprehensive, high-quality support that clients can rely on. A maritime attorney, also known as an admiralty attorney, handles legal issues arising from United States maritime law. Offshore lawyers work differently from other international lawyers. This difference is due to the special nature of maritime disputes. Ships, cargo, and people sail from one place to another - often in and out of national borders. Maritime law has evolved over the centuries to meet the needs of ship owners, crews, cargo owners, port operators, and other entities operating on the water.

Maritime law is a large body of laws, procedures, uniform principles, and rules governing maritime disputes. There are many sources of maritime law, such as the U.S. Constitution, centuries-old common law, federal statutes, international conventions, and sometimes state law. A key part of maritime law is the concept of "similarity," sometimes called "similarity of preference." Congress and many state courts encourage the application of maritime law to be uniform throughout the nation.

Maritime lawyers are specialists, meaning they have unique experience and education in maritime law. Most maritime lawyers will only handle maritime matters. Because maritime law must be the same in both state and federal courts, maritime lawyers tend to handle cases in wide geographic areas. Sometimes, maritime lawyers even work with ordinary lawyers who have a maritime division in a pending case.

While maritime law itself is a specialized legal profession, maritime lawyers are still developing niches within the field. Some examples of matters handled by maritime lawyers include:

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The math is clear: Working, traveling, and relaxing in water can be dangerous. The Coast Guard reports that in 2020 alone, there were 3,191 injuries and 767 deaths due to 5,265 recreational accidents. And although safety standards are high for professional sailors, on-the-job injuries remain among the most common in the country. For example, the Centers for Disease Control and Prevention published data showing an average death rate of 117 per 100,000 for commercial fishermen versus an average death rate of 100,000 workers among all other U.S. professions. The takeaway? The maritime transport industry generates a lot of casualties. Common issues handled by marine injury attorneys include:

Compensation for injuries under maritime law is divided between professional sailors and recreational boaters/boaters. Personal injury cases may include:

Injured seafarers have no claims under the Jones Act, immunity, or maintenance and remedies. Instead, they have a claim under the general maritime law of negligence. Negligence under maritime law is similar to negligence under many state laws. The factors are duty, tort, causation, and damages. Ship owners have a duty of care under the circumstances to their passengers. If they breach that duty and passengers are injured, the insurance company or a court may find the ship owner liable.

Maritime law covers people injured aboard ships on most commercial waterways, while state law covers most injuries sustained ashore. But what about the inland crew who work on ships and load/unload cargo? Are they salty or not? To close the gap between marine and non-marine workers, Congress passed the Longshore and Harbor Workers' Compensation Act (LHWCA), administered by the United States Department of Labor, which covers most amphibious workers. Like workers covered by most public workers' compensation regulations, longshoremen cannot sue their employers for workplace injuries. However, LHWCA employees have the right to sue negligent third parties, including the shipowner under LHWCA section 905(b). In narrow circumstances, section 905(b) may allow a limited claim against a charterer acting as a shipowner. This is a complex area of ​​law.

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It is often said in the shipping industry that 90 percent of everything goes by ship. In short: There are many things in ships. And more things on ships means more property damage claims when things go wrong. Goods may fall from a height or pass through; one can hold it at the wrong temperature or burn it. The result is a claim for compensation by the cargo owner against the ship operator or charterer. Maritime lawyers handle these disputes using rules such as:

Congress passed COGSA in 1936 to incorporate the Hague Conventions into United States law. It governs the rights and responsibilities of the cargo owner and ship owner. COGSA provides several statutory protections for the common carrier. It may limit the carrier's liability to $500 per package if the baggage is damaged while in the carrier's control. COGSA only applies to shipments to/from the United States.

The Harter Act was passed in 1893 and was later barred from application by COGSA. The Harter Act applies to the transportation of goods between United States ports. With a few key exceptions, the Harter Act operates almost identically to COGSA. This is another complex area of ​​law.

Certain types of contracts are governed by maritime law and maritime lawyers handle it. Examples include charter parties (ship charters), ship mortgages, ship repair contracts, dock contracts, and seafarers' employment contracts. Forum selection clauses, choice of law provisions, and arbitration agreements are common issues in maritime treaty disputes.

What Does A Maritime Lawyer Do?

Environmental pollution from shipping is a complex and thorny issue under the U.S. and maritime law. Although maritime lawyers often preside over these cases, the range of applicable laws is broad. Relevant laws may include MARPOL (International Convention for the Prevention of Pollution from Ships); the Clean Water Act; the Oil Pollution Act of 1990; the Marine Protection, Research and Sanctuaries Act; Resource Conservation and Recovery Act; and other government laws.

Also read: What does it take to become a Paralegal? Do you want to make a positive impact on the lives of others? Are you interested in legal studies, but don't want to go to law school... When to Hire a Marine Lawyer

Maritime lawyers serve clients in all aspects of the maritime industry: ship owners, crews, cargo owners, passengers, longshoremen, offshore workers, and more. If you are involved in a dispute between a ship or a commercial waterway, you should contact a maritime lawyer. Here are a few true patterns that require maritime law expertise:

A common misconception is that you will be charged for calling a maritime lawyer. In most cases, maritime lawyers offer a free, initial consultation to learn about your case. You can contact several attorney options and ensure that the consultation is free. For injured parties, some offshore firms may work on a contingency basis, meaning the attorney will not be paid until you do.

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Whatever you do, don't wait. Maritime disputes, like other legal claims, are subject to statutes of limitations that may ultimately bar your claim altogether.

Maritime law is complex, and full-time maritime lawyers are few and far between. If you suspect that you need the help of a maritime lawyer, start the process of interviewing lawyers immediately. Maritime experts are knowledgeable resources and skilled advocates who want to know more about your situation.

Adam Deitz is a marine injury attorney at Mariner Law, PLLC. Adam is also a licensed trader

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Maritime Attorney