Insight

How Injury Lawyers Can Keep Their Heads Above Water by Referring Maritime Cases

The maritime lawyers at Lipcon, Margulies & Winkleman, P.A. are ready to help injury lawyers fight for their clients in catastrophic cruise ship injuries.

Maritime Lawyers for Personal Injury Cases
JS

Justin Smulison

October 20, 2021 05:25 AM

As major cruise lines resume their services, it will mark the beginning of a fresh wave of civil litigation suits stemming from injuries suffered while at sea – from sexual assault to illness and fatal falls. Following their injury, a victim will often hire an injury attorney first in the hopes of securing justice and compensation from the cruise line and other defendants. But some lawyers may be in over their heads if they litigate these complex maritime injury claims alone.

Charles Lipcon, founder of the Miami, Florida-based maritime law firm Lipcon, Margulies & Winkleman, P.A. has successfully collaborated with many referring injury attorneys over the years to secure justice for clients. Named by Best Lawyers as the 2020 “Lawyer of the Year” for Admiralty and Maritime Law in Miami, Lipcon began his legal career in the early 1970s as an injury attorney. Following favorable resolutions litigating cargo matters, he transitioned to almost-exclusively litigating maritime and admiralty claims, which coincided with the emergence of the cruise line industry. His firm has since secured more than $300 million for clients injured while in water or on cruises.

From an office just a seashell’s throw away from Miami’s ports, Lipcon reflected on some of his successful collaborations with referring injury attorneys and detailed how this relationship can better serve passengers and crew members injured on cruises.

Lipcon Margulies Winkleman Logo Inline

Why should injury attorneys refer maritime law cases?

I began my career as an injury practitioner and I truly believe that most injury lawyers do not secure enough compensation in maritime matters – simply because they do not have the experience.

A general injury lawyer could accept the case, but would need to assess how successful they would be, especially if they do not routinely handle maritime and federal law. I know of injury lawyers who make promotional videos online claiming they can take on cruise line matters, but consistently lose. Others have secured five-figure results in cases where, had they referred a maritime lawyer, could have won six- and possibly seven-figure awards.

We are dealing with tragedies and costly catastrophic injuries that require surgeries and years of rehabilitation. A client’s life or health should not be left to chance.

What is the traditional dynamic between your firm and a referring attorney?

It is the highest honor when another lawyer refers us because they have done their research and determined that our firm will do the best possible job for the client. It sets a positive and professional tone and we always aim to live up to our reputation.

After an initial consult, they provide us with the facts and documents. If we accept the case, the referring lawyer signs contracts with us and then, under Florida Bar rules, we pay them a 25% referral fee.

That does not mean the injury lawyer bows out from the case.

Correct. The referring lawyer remains a key figure throughout the lawsuit, because they are still hired by the client, after all. They typically remain our primary contact when communicating with the injured victim. We share ideas and information and typically work well together because our goals are aligned. And they pay close attention because it’s their chance to learn more about maritime and admiralty law.

How is filing an injury or wrongful death claim that occurred on a cruise unique from other settings?

Federal maritime laws govern over bodies of water. Passengers come from all over and even if they are injured on a ship that left from California, the case might be held in Florida if that is where the cruise line’s corporate headquarters are located. And many cruise line offices in the United States are based in Florida. Further, there may be foreign involvement depending on where the boat is registered and if the injury occurred in international waters.

The referring attorney usually cannot spend the time or resources traveling to and from Florida. We are strategically located near the federal courts because our practice is devoted to maritime and admiralty law.

What is the timing for filing claims against cruise lines?

For adults who were injured, there is a notice requirement of six months, followed by one year to file the suit. Minors under 18 years old have a different set of rules. Crew members typically have three years to file a suit.

The injury lawyer can file or make the referral before filing, but it requires urgency, and there is a lot of documentation needed in the way of incident reports and medical records. It is worth stressing that this rule is not flexible. You will not get a hearing if you do not act in time. Plus, the lawyer may be liable for the client’s losses if they miss the filing deadline.

Ultimately, it seems like lawyers who are honest with themselves and refer maritime cases – instead of litigating them – can provide the best possible client service.

Just as I would refer an aviation suit, a general injury practitioner would do right by the client and refer the case when it’s outside their wheelhouse. Otherwise they risk losing the case or leaving a lot on the table, which is unfortunate for everyone and makes clients’ physical and mental recoveries much more challenging.

The best strategy for an injury lawyer with a cruise ship claim would be to align with a maritime firm. In addition to the financial incentive, it will better ensure that justice and maximum compensation is secured for the client.

This article was written in partnership with Lipcon, Margulies & Winkleman, P.A.

Lipcon, Margulis & Winkleman, P.A.
One Biscayne Tower, Suite 1776
Miami, FL 33131
888-202-4192
www.lipcon.com

Related Articles

The Reality the Cruise Ship Industry Doesn’t Want You To Know


by Justin Smulison

These cruise ship passengers planned for vacation and celebration, but their voyages ended in tragedy and catastrophe. Learn from their stories before buying your next ticket.

What the Cruise Ship Industry Isn’t Telling

How Visual Advocacy Can Strengthen Your Client's Injury Claim


by Justin Smulison

Oatley Vigmond brings their strength in storytelling and visual advocacy to court, effectively trying injury cases and finding success for clients

Visual Advocacy in Court for Injury Claims

How the Death on the High Seas Act Factors in to Cruise Lines Having Lifeguards on Cruise Ships


by Charles R. Lipcon

However, despite the emphasis on a family-friendly environment, one major issue has historically dominated the discussion of cruise ship safety: the presence (or lack thereof) of lifeguards on cruise ships.

Death on the High Seas Act

Best Lawyers Expands with New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf

When Can Ones to Watch Lawyers Be Nominated for Best Lawyers?


by Elizabeth Petit

Transitioning from Best Lawyers: Ones To Watch to Best Lawyers recognition.

Arrow symbolizing Ones to Watch Lawyers transitioning to Best Lawyers

Misinformation Age


by Gregory Sirico

As AI weaponizes lies, can global law, corporate business practices and legal associates adapt to the growing threat?

Animated hands shifting sides of a message cube

Critical Period


by Armelle Royer and Maryne Gouhier

How the green-energy raw materials chase is rewriting geopolitics

Overhead shot of mineral extraction plant

Treacherous Waters, Uncharted Territory


by Bryan Driscoll

Political shifts around the globe this year are forcing international law and business to navigate a more intricate compliance landscape

Man in suit with telescope stands on deserted boat

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Ninth Circuit Blocks California’s Age-Appropriate Design Code Act


by Gregory Sirico

The Ninth Circuit halted aspects of the California Age-Appropriate Design Code Act, reflecting free speech issues and the nuanced balance in regulating content.

Two children seated, using laptops

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

The Importance of Content Marketing for Law Firms and Strategies for Success


by Jennifer Verta

Strengthen client relationships, boost visibility and drive growth with effective content marketing tailored for law firms.

Illustration of a central red figure surrounded by gray figures in a circular network

IN PARTNERSHIP

Trial Lawyers Protect Employees, Make Workplaces Safer


by Esquire Bank

Trial lawyers Jeffrey Laffey and Sean Flaherty fight hard for injured workers because of their own personal experiences with the aftermath of workplace injuries.

Lawyers Jeffrey Laffey and Sean Flaherty Protect Employees

How to Optimize Your Law Firm’s Website for SEO


by Best Lawyers

Making the most of your law firm's SEO is vital for marketing your legal practice and driving potential clients to your website. Here are a few basics you should know.

Magnet Attracting Metal Balls Symbolizing Law Firm SEO Strategy

US Criminal Law Legal Guide: Navigating Future Changes in Legislation


by Gregory Sirico

This article highlights noteworthy pending criminal justice reform legislation, such as the Equal Act, the First Step Implementation Act and the Federal Prison Oversight Act.

Capitol building split in half

The Hidden Constitutional Crisis: Maine’s Mounting Criminal Law Catastrophe


by Gregory Sirico

The number of criminal defendants lacking legal representation in Maine is skyrocketing like nowhere else in the US. Is there any stopping it?

Client in handcuffs sits across from lawyer

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background