Maritime & Admiralty Law and Personal Injury Lawyers in Miami, Florida
Lipcon, Margulies, Alsina & Winkleman, P.A.
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One Biscayne Tower, Suite 1776 2 South Biscayne Boulevard Miami, Florida 33131 USA |
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(877) 233-1238
(305) 373-6204
www.lipcon.com
Contact Mr. Charles R. Lipcon
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Lipcon, Margulies, Alsina & Winkleman, P.A. is a law firm comprised of five maritime attorneys representing injured plaintiffs since 1971. With a focus on admiralty, maritime, and litigation against cruise lines, our maritime attorneys also handles matters involving personal injury, wrongful death, airplane accidents, automobile accidents, commercial torts, and class actions.
The firm's five maritime attorneys have handled cases in Courts throughout the United States including: Arizona, Colorado, Florida, Louisiana, New York, Ohio, Texas, Washington, and Washington D.C. Serving an international clientele from countries in North America, Central America, South America, Europe, Africa, and Asia, we have the ability to handle matters in English, Spanish, Creole, French, German, Norwegian, Polish as well as almost any other language.
Year this Office was Established: 1971
Languages: Spanish, Creole, French, German, Norwegian, Polish, English and more
Practice Areas
Additional Practice Areas: Cruise Ship Sexual Assault; Cruise Passenger Disappearances; Seaman's Claims; Shore Excursions; BP Oil Spill Damage Claims; Whiplash; Limb Loss & Amputations; Impaired Vision & Blindness; Scald Injuries; Paralysis; Commercial Torts
Practice Areas Description
Lipcon, Margulies, Alsina & Winkleman, P.A. practices in the following areas:- Admiralty & Maritime Law
Maritime and Admiralty law, for the most part, deals with the application of law to events that occur on navigable waters. If you have been searching for a qualified team of admiralty lawyers at a maritime law firm you have come to the right place. Because of the unique nature of Admiralty and Maritime law, our attorneys have been involved in litigation in almost every major port in the United States as well as internationally. We have served as lead counsel in foreign litigation where we have selected and worked along with a maritime law firm from the foreign country. The admiralty lawyers of our maritime law firm have been involved in major litigation arising in foreign ports, such as the sinking of the largest drill ship in the world, the Ocean Ranger, near Canada, and arising in domestic ports, such as the fire on the Carnival cruise ship Ecstasy, near Miami, Florida.
- Cruise Ship Accident & Claims
Cruise Ship Accidents and Claims involve that part of maritime law that pertains to cruise ships only. While much of the general maritime law has general application to cruise ship matters, there are special laws that apply just to cruise ships. For example, cruise lines often insert special provisions into their passenger tickets (which are authorized by United States federal statutes) that shorten the time in which a passenger may file a law suit against the cruise line to one year. The normal statute of limitations for admiralty and maritime matters is three years. Also cruise lines can designate, within their passenger tickets, the only location where they can be sued. In almost every case where passengers have been unaware of the cruise lines forum selection clause or have otherwise chosen to ignore it and filed a law suit in another jurisdiction, the law suit has been dismissed leaving the passenger with no means of recovery against the cruise line. With our experience as cruise ship accident lawyers we can put our knowledge to work and help you with your maritime legal issues.
- Cruise Ship Sexual Assault & Rape
Our experience is applicable to: Canaveral, Carnival, Celebrity, Commodore, Costa, Cunard, Disney, Norwegian, Princess, Radisson, Renaissance, Royal Caribbean, Seaborne, SilverSea Cruise Lines and others. These cases involve attacks by both passengers and crewmembers on other passengers and crewmembers. As a result of the cases we have handled, we have information regarding prior complaints of sexual assaults on cruise lines which, in many instances, assists our representation of new clients because it may support a pattern of disregard by the cruise line of prior complaints and existing dangerous situations. We also have experience in identifying and working with knowledgeable experts in rape and sexual assault trauma, forensics, and security. Our vast experience in this complicated and sensitive area of the law assists us in most effectively assisting our clients who have found themselves in this situation.
- Cruise Passenger Disappearances
The disappearance of passengers and crew members from vessels on the high seas has occurred on numerous occasions. It is unknown how often or how many have disappeared since this information is not revealed by the shipping companies. Obtaining the information from governmental sources is not very easy since so many different countries can be involved. A report should go to the flag country for the vessel. Getting information from these countries can be difficult if not impossible. Once a person is reported missing the shipping company has a duty to do a reasonable search and rescue. If the person is not quickly found on board the vessel, then the vessel should return to the last location at sea when the person was seen. The failure to perform a reasonable search and rescue can render the shipping company liable for the disappearance of the person.
- Seaman & Seafarer Claims
Seafarer's who are injured or become ill; while on service of their vessel, have the right under United States law, to receive free medical care and food & shelter. Seaman's claims deal with the rights of seaman aboard any type of vessel. To be considered a "seaman" the person must aid in the navigation of the vessel or must contribute to the mission of the vessel. Also the person must spend a significant amount (generally 35% or more) of their time working on a vessel rather than working on land for their employer. Although the work being done by an individual might be on water, if a "vessel" is not involved, then the person is not a seaman. In addition, persons doing traditional seaman's work might also be considered a seaman. This is a very confusing area of the law and is often another pitfall for attorneys inexperienced in practicing admiralty and maritime law. As such, it is hard to set out any hard and fast rules.
- Shore Excursions
Lipcon, Margulies, Alsina & Winkleman, P.A. handles select cases involving injuries to cruise line passengers who have been injured on shore excursions. Both the cruise lines and the shore excursion companies routinely claim that there is no jurisdiction to sue them in the United States. We have come up with several strategies that have lead to successful settlements in these situations. These are very difficult claims to bring in the United States and require significant work to bring them successfully. We are hopeful to bring the jurisdictional to the appellate level in order to obtain a favorably ruling on jurisdiction that will be binding on the trial court. The maritime lawyers of our firm have significant experience in handling injury and death claims arising from cruise ship shore excursions.
- Jones Act
The Jones Act is a special federal law passed to protect seafarers. It incorporates the FELA which was a previous federal law passed to protect railroad workers. Under the Jones Act, a seafarer can recover money if injured by reason of his employer's failing to provide a safe place to work. The accident does not have to even occur on a vessel. As an example, if the employer puts the seafarer into a hotel and an accident occurs because of the fault of the hotel, the employer might be liable under the Jones Act. This act can apply to United States seafarers as well as foreign seafarers. If the base of operations of the employer or shipping company is in the United States, foreign seafarers can claim the protection of the Jones Act under many circumstances. This law is one of the most protective laws in the United States and can hold the employer liable for the slightest negligence, no matter how small. If you are in need of help, a Jones Act Attorney from Lipcon, Margulies & Alsina, P.A. can help you.
- Boating Accidents
Accidents typically deal with accidents on pleasure craft rather than commercial vessels. These would include personal water craft (commonly referred to as "wave runners" or "jet skis") which account for a large percentage of boating accidents. These accidents can also involve water activities such as water skiing, parasailing, diving, and fishing. If the accident occurs on navigable waters then admiralty and maritime law could apply. If the accident occurs on non-navigable waters (such as a small lake) then the laws of the state where the accident occurred would apply. Maritime and Admiralty Law often deal with the application of law to events that occur on navigable waters. If you or someone you love has been involved in a boating accident we invite you to speak directly with one of our highly qualified boating accident lawyers.
- Personal Injury & Wrongful Death
Personal Injury and Wrongful Death refers to accidents that cause injury or death. In those situations where there are injuries that do not result in death, there are certain elements of loss that can be claimed depending on which laws apply. Typically these elements include bodily injury, disability, mental anguish, loss of enjoyment of life, disfigurement, pain and suffering, and lost earnings (in the past) or earning capacity (in the future). When the injuries result in death, then typically the claim goes to the spouse and the children. The wrongful death claim might include loss of: support, comfort, guidance, society, consortium, and net accumulations to the estate. The lawyers in our firm have handled these types of losses both in the admiralty and maritime area as well as for land based accidents.
- BP Oil Spill Damage Claims
You may have a legitimate claim—resulting from either the April 20 catastrophic explosion on the Deepwater Horizon offshore drilling platform or the subsequent oil spill in and around the Gulf of Mexico. With so much at stake, and the staggering number of BP Oil Spill lawsuits expected to be filed as a result of an environmental disaster, it's critical that you select highly qualified legal representation from an attorney experienced in large scale losses and maritime matters of this magnitude. At Lipcon, Margulies, Alsina & Winkleman, P.A, your case will be prepared from the outset as if it will go to trial. That additional level of quality preparation ensures that your case will be in a much stronger position for a potential settlement. And if a court case is necessary, it won't need to be handed off to another firm for trial preparation and representation. That saves you both time and money.
- Catastrophic Injuries
Personal injuries are classified as "catastrophic" when they have an immediate or expected long-term impact on a person’s quality of life. Catastrophic personal injuries are often sudden and unexpected, resulting from situations like car, truck, bicycle, boat, motorcycle and other vehicle accidents. You could also be seriously injured as a pedestrian, or as a passenger on a train or a cruise ship. Catastrophic injuries extend beyond whiplash and back injuries and include spinal cord & nerve damage (including paralysis), burn injuries, accidental loss of limbs or sight, and serious head and brain injuries. At Lipcon, Margulies and Alsina, however, your case will be prepared from the outset as if it will go to trial. That additional level of preparation ensures that your case will be in a much stronger position for a potential settlement, and if a court case is necessary, your case won’t need to be handed off to another firm for trial preparation and representation.
- Limb Loss & Amputations
Partial or total limb loss can also result from less ordinary events, such as: Serious industrial accidents; Injuries due to product defects; Exploding grenades or IEDs in military conflicts; Public transportation catastrophes on trains, planes, ferries. Connecting your accident (or your child's) to the party at fault is integral to your catastrophic injury case. By identifying and working with subject-matter experts—including doctors who specialize in orthopedic surgery and prosthetics—Lipcon's personal injury attorneys have developed highly effective methods for representing victims of catastrophic limb loss.
- Impaired Vision & Blindness
Sight loss or blindness can happen as a result of any type of motor vehicle accident. Children are particularly vulnerable when playing with sharp objects like broken sticks or in the path of flying debris from lawn trimmers or mowers. Other common occurrences include: Playing high-risk sports; Propelled champagne bottle corks; Workplace and construction site mishaps; Boating incidents; Accidents aboard a cruise ship. Partial or total sight loss can also result from less ordinary events, such as: Severe burns from fires or chemical splashes; Eye injuries due to product defects. Connecting your accident (or your child's) to the party at fault is a critical element of your lost vision complaint. By identifying and working with subject-matter experts—including doctors ranging from ophthalmologists to neurologists—Lipcon's catastrophic injury attorneys are highly effective in representing victims of accidental sight loss and blindness.
- Traumatic Brain Injuries
Traumatic brain injuries can result from the most basic, "everyday" occurrence involving: Automobile or truck accidents; Motorcycle crashes; Bicycle accidents; Slip-and-fall situations; Construction site accidents; Boating accidents; Work-related accidents; Accidents aboard a cruise ship. TBI can also result from less frequent events such as: Injury due to product defects; Acts of aggression & violence; Medical malpractice; Airline crashes. Identifying the cause of the traumatic brain injury and linking it to the accident is critical to a successful recovery. By identifying and working with experts in diverse fields—from engineering to medical care to neuropsychology—Lipcon, Margulies & Alsina attorneys have developed highly effective methods for handling these brain injury cases.
- Burn & Scald Injuries
Although most of us aren’t filming commercials with pyrotechnic special effects, there are countless opportunities to become burned or scalded in day-to-day life. Common occurrences include: House Fires; Motor Vehicle Fires; Scalding Hot Liquids Spilled or Splashed; Chemical & Thermal Burns; Workplace and Construction Site Accidents; Boating Collisions or Engine Fires; Accidents Aboard a Cruise Ship. Serious burns can be internal or external and also result from less ordinary events, such as: Serious Industrial Accidents; Gasoline Spills & Explosions; Electrical Burns; Inhaling Smoke or Toxic Chemicals; Injuries Due to Product Defects. By identifying and working with subject-matter experts—including critical care surgeons, burn reconstruction specialists and psychiatrists—Lipcon, Margulies and Alsina's personal injury attorneys have developed highly effective methods for representing victims of catastrophic burns.
- Spinal Cord Injuries (SCI) & Paralysis
Traumatic spinal cord injuries and paralysis can result from any occurrence that crushes, fractures, dislocates or otherwise damages vertebrae, including: Automobile or truck accidents; Motorcycle crashes; Bicycle accidents; Sports injuries; Slip-and-fall situations; Construction site accidents; Boating accidents; Work-related accidents; Accidents aboard a cruise ship. Spinal cord injuries can also result from less-frequent events such as: Injury due to product defects; Gunshot or knife wounds; Bicycle accidents; Airline crashes. Linking a traumatic spinal cord injury to the responsible party who caused the accident is integral to your case. By identifying and working with subject-matter experts—including neurologists, neurosurgeons and orthopedic surgeons—Lipcon's attorneys have developed highly effective methods for representing victims of neck and spinal cord injuries.
- Airplane Accidents
Airplane Accidents include accidents that occur on the aircraft itself, accidents while changing planes and accidents while getting on or off the airplane. With respect to international flights, various treaties such as the Warsaw Convention might apply. The lawyers in our firm have represented the families of crash victims involving Japan Air Lines, Lloyd Aerolinas Bolivianos, American Airlines, and Arrow Air. We have also handled claims involving helicopters and small aircraft. Under certain circumstances, admiralty and maritime law can apply in air crash situations. For example, if an airplane goes down over the high seas, federal acts involving admiralty and maritime law have applied.
- Automobile Accidents
Automobile Accidents is a broad area of law that generally includes all accidents that occur on roadways, highways, parking lots. These accidents can range from often simple single vehicle accidents to complex claims involving multiple vehicles and esoteric traffic codes. The involved vehicles can range from small cars to large trucks or buses. Our lawyers have vast experience in handling all types of motor vehicle accidents and are often called upon in complicated cases where the victims of these accidents are catastrophically injured due to the negligence of both commercial and non-commercial drivers. There are many lawyers who handle simple automobile accident cases, but many times, a case which may appear to be simple is really quite complicated. As such, no matter how simple a case may appear, it is always best advised to seek the counsel of a law firm well experienced in complex claims to identify issues and responsible parties that other lawyers may not recognize.
- Bicycle & Motorcycle Accidents
Bicycle and Motorcycle Accidents are similar in nature to automobile accidents. The statutes and ordinances that regulate automobile traffic will also apply to these types of vehicles. Again, these claims also may involve issues of negligent product design or manufacture and, as such, must be looked at very carefully. At Lipcon, Margulies, Alsina & Winkleman, P.A., we have extensive experience in litigating bicycle and motorcycle accident cases.
- Unsafe Products
Unsafe Products deal with the area of the law referred to as product liability. The designer, manufacturer, distributor, seller, and installer of products that are defective can be liable under the theories of strict liability in tort, breach of implied warranty of fitness and for negligence. Many of these issues are unique to this area of the law. Our law firm often works with some of the worlds most qualified experts in the fields of safety and product design, manufacture, and installation on these types of cases. Members of this firm have handled cases with defective products such as scaffolding, motor vehicles, guns, elevators and marine products.
- Commercial Torts
Commercial Torts deals with improper conduct in business that causes harm to others. This may involve the breach of a duty by a fiduciary (such as a trustee or a director) which is the highest duty imposed by the law on an individual or company. Commercial torts also involve contract law. Intentional interference with contractual relationships is an area that the lawyers in this firm have frequently dealt with. In these types of cases, often the elements of potential recovery are pecuniary in nature.
- Class Action Lawsuits
Class Actions involve the bringing of a lawsuit by one or more persons (usually designated as a class representative) on behalf of a large group of others in a similar situation. These types of cases frequently involve complicated procedural legal issues. This firm has extensive class action experience in the area of admiralty and maritime law. The first ever class action in admiralty was handled by a member of the firm. Since then, many class action claims in admiralty and maritime have been filed and handled by our firm. In addition, class action work in other areas has also been filed such as air crashes and product liability actions.
- Civil Trials in State & Federal Court
Our firm handles civil actions in both state and federal courts from the initial filing of the case through trial, appeals, and collections of verdicts. We try many cases in front of both state and federal juries as well as before judges in admiralty. Civil cases have been handled by members of the firm in Florida, Colorado, New York, California, Arizona, Texas, Ohio, and Louisiana. We have also worked in conjunction with other firms to handle litigation in foreign countries such as India, Netherlands, Isle of Mann, England, Greece, Germany, Jamaica, and the Turks & Caicos Islands.
Attorneys
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Mr. Ricardo V. Alsina
Attorney Admiralty and Maritime, Litigation |
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Mr. Charles R. Lipcon
Attorney Admiralty and Maritime, Litigation |
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Mr. Jason R. Margulies
Attorney Admiralty and Maritime, Litigation |
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