Why You Want a Maritime Lawyer, Especially From South Florida

Not all personal injury lawyers are the same.  Just as you wouldn’t hire a tax attorney to handle your divorce, why would you hire a personal injury attorney that doesn’t specialize in maritime personal injury claims to handle your boating/cruise accident?

LaBovick Law Group has a team specifically dedicated to handling maritime personal injury cases.  These cases range from Federal cruise line cases to Jones Act claims.  There are a lot of personal injury attorneys here in Florida.  However, there are very few that have tailored their practice towards maritime personal injury claims.  The law on the water is different than that on land.  I oftentimes get calls from other personal injury attorneys who have taken on a maritime case only to realize they are in over their head.  There are significant differences in both case and statutory law in regards to land v. water claims.  For example, for boating accidents in Florida State Court, the statute of limitations is three years as opposed to four for land accidents.  There also exists a causation flipping rule in maritime injury cases that may be applicable to your case if you hire the right attorney.  Jones Act (injured seamen) litigation is likewise a very niche area that only a few maritime personal injury attorneys have knowledge of.  Having an attorney that knows these rules is important to get the most out of your maritime injury case.

Having a maritime lawyer in South Florida is especially important if you have been injured on a cruise.  All lawsuits against Carnival, Royal Caribbean, and Norwegian (as well as all their subsidiary companies) must be filed in Federal Court in Miami.  This is due to the contract of passage you agreed to when you bought your cruise ticket.  It does not matter where your cruise left from, where the incident occurred, or where you live, you must bring your claim to South Florida.  Another VERY important fact to remember is that the statute of limitations is only one year from the incident in your cruise case.  This is extremely short.  Most jurisdictions across the US have a statute of limitations of at least two years.  This shortened statute is also included in your contract of passage.  Oftentimes, there is also a provision that the cruise line is put on notice within six months of your incident in order to proceed with your claim.  Once you actually file a lawsuit against the cruise line, you will be required to travel to Miami to attend a compulsory medical exam, deposition and mediation.  In battling with the cruise industry, I have been very successful in getting them to agree to set up all of this over the course of a week in order to not inconvenience my clients more than they already are.  Over the years, I have represented clients from all around the US regarding their cruise cases.  While coordinating and communicating with clients across the country has its difficulties, our firm has set up a system that promises to make it as painless as possible for the client.

Hiring the right attorney for your case is an important decision.  Properly vetting and making sure your attorney knows the area of the law they practice in will get you the best results possible.  If you have a maritime personal injury case, don’t just hire any personal injury lawyer.  Hire a team that has focused their practice on maritime injury claims.  Call today for a free consultation.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.