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Practice Areas

Where We Can Do Something for You

 

cruice injureOver the years we have specialized in personal injury cases that happen on or near the water. Most of our cases involve injuries or deaths of seamen and crewmen. Recreational boaters and cruise ship passengers and crew members also make up many of our clientele.

Our lawyers have represented individuals in cases involving all kinds, cruise ships, fishing boats, shrimp boats, cargo and tanks ships and watercraft of every kind.

Our Lawyers also deal with medical malpractice claims against every South Florida hospital.

Areas Litigated By Us

  • Admiralty jurisdiction and venue.
  • Jones Act, negligence, un-seaworthiness, maintenance and cure, and overtime wages.
  • Wrongful death, survival actions and claims under the death on the High Seas Act.

Miami,  Florida maritime and admiralty law office of J.M. Perez, provides legal services in the following areas:

Crew member claims: these are cases brought by seamen against their employer, and the owners or operators of the vessels upon which they serve, for personal injuries, wrongful death and contract disputes of one kind or another, including wage claims.

Cruise passenger claims: these cases usually deal with personal injury or wrongful death claims arising when passengers are injured aboard cruise ships.

Major personal injury claims: claims made by persons who suffer significant injuries and damages in some sort of accident aboard ship.

Medical malpractice: litigation requires that a trial attorney prove accepted standards of care were violated and that those violations led to injury or death. J. M. Perez Jr. P.A. hires the most respected medical experts to explain to a jury what exactly went went wrong and how the tragic medical mistake could have been avoided with appropriate medical treatment.

Maritime_Attorney_Law

We Represent Clients In All Cruise Lines

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CAN I HANDLE MY OWN CASE?

The simple truth is that if you attempt to handle your own case the cruise line will likely not take your claim seriously, will not consider you a threat, and will pay you as little as possible. We have seen cases where a passenger attempted to handle their own case and realized far too late that they needed an attorney. When you hire an experienced maritime attorney the cruise line knows that your case is serious and that they will have to pay full value to resolve your claim or take the case to trial.

DO I NEED A MARITIME AND ADMIRALTY LAW ATTORNEY?

You should consider hiring an experienced maritime and admiralty law attorney for several reasons.

Admiralty and Maritime law is a body of law that dates back hundreds of years. Much of admiralty and maritime law remains unchanged from the 1800’s when international shipping and offshore fishing was extremely dangerous, and when modern cruising did not exist. As a result many of the laws are complex, counter-intuitive, and heavily favor ship owners. Further, the cruise lines have billions of dollars to hire top-notch attorneys to work for them. You can bet that the cruise lines’ attorneys are intimately familiar with admiralty and maritime law, and specialize in this area of practice. When encountering an attorney representing a passenger or crew member who does not specialize in admiralty and maritime law, the cruise lines’ attorneys use this to their advantage. You need an attorney that has experience handling maritime cases and these unique legal issues, and dealing with the cruise lines’ attorneys to ensure that you obtain a successful result.

You need an aggressive and experienced maritime attorney to represent you in your claim for injuries against the cruise line. Our firm is experienced in litigating cases against the cruise lines and we are experienced maritime attorneys.

 

JONES ACT LAW FIRM

The Jones Act is a special federal law passed in part to protect workers on vessels in navigation and it is codified in Title 46 of the United States Code. It provides a cause of action in negligence for any “seaman” injured in the course of his or her employment.

Under general maritime law prior to enactment of the Jones Act, seamen were allowed what was called “maintenance and cure” from their employers for injuries sustained in service of the vessel. They could collect damages from the owner of the vessel for “injuries received by seamen in consequence of the “un-seaworthiness of the ship,” but they were prohibited from recovering based on negligence of the ship’s master or crew.

The United States Congress enacted the Jones Act in 1920 to remove the bar to seamen trying to recover for negligence. It incorporates the Federal Employer’s Liability Act (FELA) which was a federal law passed to protect railroad workers.

Under the Act, a maritime worker can recover money if he or she was injured by reason of the employer’s failure to provide a safe place to work. It is important to note that the accident does not necessarily need to occur on a vessel. For example, if the employer puts the seafarer into a hotel and an accident occurs because of the fault of the hotel, the injury may be compensable under the Jones Act.

Negligence on the part of the owner or master of a vessel has been determined to encompass:

  • Failure to maintain safe equipment and appliances.
  • Care in selecting competent masters and crew.
  • Assaults committed by fellow seamen in the line of work.
  • Negligent orders.
  • Failure to avoid violent weather.
  • Failure to provide adequate medical treatment.
  • Negligent supervision or instruction, resulting in injury.
  • Failure to search and rescue

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