Rivkind Margulies & Rivkind PA

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Personal Injury Law Attorneys, Accident & Property Damage Attorneys, Attorneys

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Hours

Regular Hours

Mon - Fri:	8:30 am - 5:30 pm

Places Near Miami with Personal Injury Law Attorneys

Brickell (0 miles)
Dadeland (0 miles)
Sunny Island (7 miles)
Miami Beach (7 miles)
Coral Gables (9 miles)
Key Biscayne (9 miles)
Hialeah (12 miles)
Indian Creek (13 miles)
Old Cutler (13 miles)

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Email

Extra Phones

Phone: (305) 539-8341

TollFree: (866) 621-2142

Location

Concord Bldg

AKA

Rivkind Pedraza And Margulies

Rivkind Brett

Other Links

https://www.rivkindlaw.com

https://www.rivkindlaw.com/legal-scholarship

Categories

Personal Injury Law Attorneys, Accident & Property Damage Attorneys, Attorneys, Business Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Employee Benefits & Worker Compensation Attorneys, Insurance Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Litigation & Tort Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Traffic Law Attorneys, Workers Compensation Assistance, Wrongful Death Attorneys

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Phone: (305) 374-0565

Address: 66 W Flagler St Ste 600, Miami, FL 33130

Website: https://www.rivkindlaw.com

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Rivkind Margulies & Rivkind PA

DUI/DWI
The other boater owed you a duty, i.e., the duty to operate their boat under reasonable safety expectations and without violating local boating and DUI laws
Wrongful Death
No family wants to receive the news that their family member was seriously injured or killed while working on a ship. Unfortunately, many families must cope with the injury or tragic loss of a loved one because a vessel owner or operator acted negligently. Consequently, many families understandably turn to the courts to seek justice and compensation for a family member’s injuries or death. If you were injured or lost a loved one that was working as a seaman in Florida, you should contact a skilled Florida seaman injury and wrongful death attorney as soon as possible.
Traffic Violations
To prove causation, you must show that something else didnâ€™t cause your injuries. For instance, if your boat had maintenance issues and would not have crashed without those problems, it might be difficult to pin the accident on the drunk boater. However, Florida law allows the jury to assign partial blame to each party, so if you were speeding or driving dangerously, the court could assign you partial fault. If you did something that might have made only a small contribution to the accident, it is likely that the court will assign most or all of the blame to the drunk boater instead.
Sex Crimes
One of the most traumatic and upsetting things that can happen to any passenger or staff aboard a cruise ship is sexual assault. Cruise ships are supposed to provide fun vacations, and the staff and crew on the ship are responsible for maintaining safety and security. If they fail to do so, you may be entitled to sue them for the harm you faced from preventable assault, sexual assault, and rape.
Theft
Misdemeanors
If, for example, an intoxicated boat operator crashes his vessel into yours, they will be charged with boating under the influence resulting in property damage or boating under the influence resulting in bodily injury, depending on the result. The first is a misdemeanor, while the second is a felony punishable by up to 5 years in jail.
Assault
Ultimately, most of these claims will be based on negligence â€“ a lack of care or skill â€“ rather than intentional action. However, claims against cruise ship crewmembers for assault and battery can also be filed.
Murder
Reports of passengers going overboard on cruise ships, deaths and disappearances, have become much more prevalent in the past 10 to 15 years. Iâ€™ve been handling maritime cases for more than 30 years, and the last 10 to 15 years have brought to light many more deaths and disappearances than I had seen previously. The most recent case discussed involves a murder.

Business and Corporate Law

Business Transactions
The employment contracts of these seamen are labeled international commercial transactions. This subjects the arbitration agreement to Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the â€œNew York Conventionâ€ ). In order for the courts to compel arbitration based on the mandatory provision in a seamenâ€™s employment agreement, they must consider four jurisdictional requirements. All four must be met before the Court compels arbitration.

Workers Compensation
Many injured workers in Florida must use workers compensation to hold their employers accountable for injuries at work. Workers on yachts and other ships are usually excluded from these rules since these vessels fall under maritime jurisdiction instead of the typical rules for employees and workers in Florida. This means that, under the Jones Act and other federal laws, victims of serious injuries on yachts can often sue for injuries, even if they were working on the yacht at the time of the injury.
Employment Contract
Our law firm has faced many motions to compel arbitration in seamen cases. For example, with respect to employment contracts of seamen working on Royal Caribbean Cruise Ships, their employment contract usually has a collective bargaining agreement with a mandatory arbitration provision within the agreement. In this case, the seamen is usually given no choice when signing the employment contract and does not know he or she has given up their rights under the Jones Act. However, courts do not consider this factor when deciding whether the four jurisdictional prerequisites are met. These employment contracts are found on other cruise lines such as Princess, Norwegian and Carnival Cruises, as well as other shipping and boating companies.

Property Damage
For your purposes, you should contact our skilled Florida boating accident attorneys as soon after the accident as possible. We can try to get you reimbursed by negotiating with the insurance company, and if their offer is not enough, we can file a civil negligence suit, as described in the section above. If the operator is convicted of a criminal offense related to the accident, this can be used against them in civil court to prove our case. We can request damages for medical bills, property damage, and pain and suffering.

Personal Injury
A civil lawsuit often follows a boat accident. At first glance, the type of case you are dealing with seems obvious. You may immediately think you have a personal injury case on your hands. Perhaps you will focus on the defendantâ€™s negligence. However, boating accidents can become very complicated because you might be dealing with multiple areas of law.
Medical Malpractice
The attorneys for cruise ship medical malpractice and hospital mistakes at Rivkind Margulies & Rivkind, P.A. fight to seek compensation for victims of this kind of negligent medical care. If you or a loved one was injured on a cruise and suffered from negligent healthcare and medical attention after the injury, our lawyers may be able to help you seek justice. Call our attorneys today at (305) 204-5369 to discuss setting up a free legal consultation.
Slip and Fall Injury
Slip and falls are one of the most common causes of injury. Flooring at ports could become wet and slippery, leading to slip and fall injuries. It is often the responsibility of the port’s operators to warn people of these kinds of dangers and provide handrails and other safety features to avoid injuries.

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