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Admiralty and Maritime

TCB Law: A Primer on Maritime Law

Admiralty and Maritime law is a complex body of laws, regulations, legislative acts, case law precedent and treaties specifically governing activities, injuries, and disputes occurring on navigable waters. If you or your business are affected by an incident at sea or in Florida, it’s essential to have legal representation from a maritime lawyer.

The Scope of Maritime Law

Maritime law, also known as admiralty law, encompasses a broad range of legal issues related to the sea and navigable waters. It includes regulations on shipping, navigation, waters, insurance, and the resolution of disputes involving maritime accidents and injuries. Maritime lawyers play a crucial role in advocating for the rights and interests of individuals and companies within this domain.

One of the core aspects of maritime law is maritime injury law, which provides a framework for addressing personal injury claims brought by seamen under the Jones Act and General Maritime Law. This area of law is critical for ensuring the safety and rights of workers who face unique risks in their maritime occupations. Our attorneys are adept at handling lawsuits filed by Jones Act and longshore workers, representing a wide range of vessel owners in these complex legal matters.

Why You Need a Maritime Lawyer

Engaging a maritime lawyer becomes indispensable for several key reasons:

Distinctive Legal Framework

Maritime law is distinct from traditional legal systems, with its own dedicated set of statutes, judiciary processes, and case law. This is due to the unique nature of maritime laws which govern aspects like navigation, boat collisions, jet ski accidents, commerce, and seafaring that are not present in other legal areas. The maritime laws are designed to address these specifics, requiring practitioners to have a deep understanding of its unique rules and procedures.

Risk Management and Liability Assessment

In an industry as risk prone as maritime, understanding and managing legal liabilities is paramount. Maritime lawyers play a key role in assessing liabilities, advising on insurance matters, and implementing strategies to mitigate risks. Their guidance is crucial in avoiding costly legal disputes and ensuring compliance with international maritime safety standards.

TCB Law: Your Maritime Law Guide

TCB Law stands as your dedicated navigator through the intricate world of maritime law. Our team of seasoned maritime attorneys brings unparalleled experience and depth of knowledge to a broad spectrum of clients within the maritime, shipping, transportation, and insurance industries.

We offer comprehensive legal services, including handling Jones Act claims, addressing General Maritime Law issues, litigating personal injury cases, and conducting detailed maritime casualty investigations. Our practice also extends to guiding clients through the nuances of regulatory compliance, environmental legislation, and the intricacies of historical shipwreck recovery.

Our firm is committed to a client-focused ethos, ensuring that every legal strategy is meticulously tailored to meet the unique needs and objectives of each case. This approach has positioned us as a trusted advisor and advocate for our clients, achieving favorable outcomes across a diverse range of maritime legal matters.

TCB Law has achieved significant victories in several high-stakes maritime cases, showcasing our firm’s litigation prowess and strategic expertise. Our notable successes include:

  • Successfully representing Kinder Morgan in a federal court trial, leading to a verdict of zero liability in claims brought by a stevedoring company.
  • Providing legal representation for a harbor pilot in a three-vessel collision case, involving extensive investigations by the Coast Guard and National Transportation Safety Board.
  • Representing Rolls-Royce Commercial Marine in a case that resulted in a favorable verdict and appeal. See Mount Sage, Ltd. v. Rolls-Royce Commercial Marine, 635 Fed. App’x 833, 836 (11th Cir. 2016)
  • Numerous other cases.

Turkel Cuva Barrios is more than just a law firm; we are your strategic partner in maritime law, committed to providing the guidance and representation necessary to navigate the challenging waters of the maritime legal landscape. Our dedication to excellence, combined with our comprehensive legal experience, makes us the firm of choice for those seeking informed and effective maritime legal services.

We Can Help

If you find yourself facing a maritime legal issue, don’t hesitate to seek the guidance of experienced maritime legal counsel. Our team of maritime lawyers at Turkel Cuva Barrios is ready to evaluate your case and develop a comprehensive strategy to protect your rights and interests.

Contact us today for a consultation regarding your maritime legal concerns. Let us help you navigate the complexities of maritime law and secure the best possible outcome.

Categories
Admiralty and Maritime

Maritime Injury Claims: Why the Right Attorney Matters

Maritime law governs accidents, disputes, and torts that occur on navigable waters. Most people do not realize that a completely different set of laws apply to boat accidents, passenger claims from cruise ships, and boat collisions that occur on navigable waters. Accordingly, a lawyer with a significant focus on injury claims related to maritime activities is essential for proper representation. Maritime law encompasses laws and regulations that protect workers and passengers at sea, including Jones Act seaman and Longshore and Harbor Workers’ Compensation employees. The Jones Act and Longshore and Harbor Workers’ Compensation Act provide mechanisms for compensation in the event of injury.

Due to the complexity of maritime and admiralty law, navigating injury claims requires attorneys with deep knowledge of these specific laws and an understanding of the maritime industry. Here’s why the right maritime attorney matters:

1. Understanding the Complexities of Maritime Law

Maritime law goes beyond typical personal injury law. It’s a complex web of federal statutes, international treaties like the Limitation of Liability Act, Death on the High Seas Act, Jones Act, the International Convention on Salvage, along with many other treaties, congressional acts, statutes, and case law. The Florida Supreme Court stated, “Federal Maritime Law is an amalgamation of federal legislation, federal common law, and state maritime law.” The maritime law and its remedies can vary depending on the location of the incident, the nationalities involved, and the flag of vessel. An experienced maritime attorney in Florida has a deep understanding of these nuances and can effectively represent your interests within this intricate legal framework.

2. Board Certified in Admiralty and Maritime Law

Anthony J. Cuva is Board Certified by the Florida Bar in Admiralty and Maritime Law and has been since 1999. Mr. Cuva is also recognized as a Proctor in Admiralty by the Maritime Law Association of the United States. The Florida Bar thoroughly evaluates all board-certified lawyers for credibility and expertise in a particular are of law, and professionalism and ethics in the practice of law. Our slogan is “Evaluated for Professionalism, Tested for Expertise.” Established by the Florida Supreme Courts, board certification is conferred upon lawyers by the most credible and highest authority over the state’s legal community. The Florida Bar. Board certification is Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law. It is the gold standard for Florida lawyers, representing a recognition by a lawyer’s peers that they have attained a level of professional expertise in their chosen fields. Board-certified lawyers undergo a rigorous peer-review process that assesses competence in a specialty field, as well as professionalism and ethics in the practice of law.

3. Jones Act and Longshore and Harbor Workers’ Compensation Act Claims

The Jones Act provides seamen (broadly defined as those who contribute to the operation and function of a vessel) with broad rights to sue employers for negligence-based injuries. This means the burden of proof is lower for seamen compared to typical land-based injury claims. Additionally, longshore workers who are injured on docks or while loading/unloading vessels have compensation rights under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These legal complexities require a skilled attorney who can build a strong defense strategy to minimize shipowners’ liability. They will analyse the specific details of the accident, the role of the injured worker, and potential contributing factors to build a case that protects your company’s interests.

4. Thorough Investigations are Key to Optimal Outcomes

Conducting a thorough investigation of the accident scene, witness statements, and relevant logs is crucial to identify factors that may have contributed to the injury. Your maritime lawyer in Florida will use their experience to gather evidence, analyse medical records, and interview witnesses to understand the full picture of the incident. This comprehensive approach allows them to negotiate fair settlements with injured parties or their representatives.

5. Protecting Your Rights in International Cases with Global Expertise

Maritime accidents can involve foreign vessels, international waters, or workers of different nationalities. These scenarios add layers of complexity due to jurisdictional issues and potentially conflicting maritime laws. An attorney with experience can navigate these international issues and cases effectively. They understand the intricacies of international maritime law and can ensure your company’s rights are protected throughout the legal process.

6. Experience with Regulatory Issues Ensures Compliance and Minimizes Risk

The U.S. Coast Guard and other agencies enforce strict safety regulations to protect workers and the environment at sea. Following these regulations is crucial for shipowners. Your maritime accident attorney can guide you through investigations and potential regulatory actions following an accident. They can help ensure compliance with relevant regulations, minimizing the risk of fines, penalties, or license suspensions.

7. Preserving Vessel Reputation Through Discreet Management

Maritime casualties, regardless of fault, can damage a company’s reputation and impact customer confidence. The right attorney can help manage the legal process discreetly and minimize public exposure. They can work with media relations professionals to craft a communication strategy that protects your company’s image while ensuring transparency with relevant authorities.

Choosing the Right Maritime Attorney

When selecting a maritime law attorney, several key attributes should guide your decision to ensure that you are well-represented and have the best chance for a favorable outcome.

Experience and Track Record

The first attribute to consider is the attorney’s experience and track record in handling maritime injury cases. Look for an attorney who not only focuses in maritime law but also has a proven history of successful outcomes in cases similar to yours.

Communication and Accessibility

Effective communication and accessibility are paramount when dealing with the complexities of maritime injury claims. You want an attorney who is responsive to your inquiries, clearly explains the legal processes involved, and regularly updates you on the progress of your case.

Resources and Reputation

Finally, the reputation and resources of the law firm behind the maritime injury lawyers are crucial. A reputable firm with a strong presence in the maritime law sector often indicates a high level of experience and success in handling such cases. Additionally, a well-resourced firm will have access to the necessary tools, technology, and network of experts to thoroughly investigate and litigate your case.

Turkel Cuva Barrios: Your Trusted Maritime Law Advocates

At Turkel Cuva Barrios, we understand the tumultuous journey that follows a maritime accident. Facing the complexities of maritime law alone can be daunting and could potentially jeopardize your success. That’s why we stand ready to guide and support you, ensuring that your rights are protected. Reach out to us to explore your options and embark on the path to justice with a firm that has your back.