West Palm Beach Maritime Accident Lawyer
The waters surrounding West Palm Beach and the broader Palm Beach County coastline are among the most heavily trafficked in the entire state of Florida. From the commercial shipping lanes along the Intracoastal Waterway to the recreational boating corridors in Lake Worth Lagoon and offshore in the Atlantic, accidents involving vessels, docks, and marine workers happen with regularity. When they do, the resulting injuries are often catastrophic, and the legal framework governing who owes compensation is entirely different from what applies in a car accident or a slip and fall on dry land. A West Palm Beach maritime accident lawyer who understands the specific statutes, admiralty doctrines, and insurance dynamics at play in these cases is not interchangeable with a general personal injury attorney who happens to accept boat accident cases.
Maritime law is federal in origin. The Jones Act, general maritime law, and the Death on the High Seas Act create a separate legal world from Florida’s standard negligence framework. Whether you were a crew member on a charter vessel, a passenger injured on a water taxi, a dock worker hurt at one of Palm Beach County’s working marinas, or a recreational boater struck by a negligent operator, the path to compensation runs through federal admiralty principles that most attorneys rarely encounter. Jurisdictional questions alone, whether a claim proceeds in state court, federal court, or through a vessel’s limitation of liability proceeding, can determine how much you recover and how long the process takes.
The offshore and coastal culture of the West Palm Beach area means this type of litigation arises from a wide range of settings: the marinas and boatyards along Flagler Drive, the charter fishing operations out of Palm Beach Inlet, commercial dive operations near the reef systems, and the busy Intracoastal Waterway stretching through Riviera Beach, North Palm Beach, and beyond. Each setting brings its own liability structure, its own set of potentially responsible parties, and its own documentation trail that a thorough investigation must follow.
What Steinberg Law, P.A. Brings to Maritime Injury Cases in West Palm Beach
Brett Steinberg founded Steinberg Law, P.A. with the straightforward conviction that injured people deserve a lawyer who actually knows their case and is prepared to take it to trial if that is what the situation demands. Since 2014, Brett has recovered over $25 million in verdicts and settlements for injured clients across South Florida, handling cases that range from straightforward motor vehicle collisions to complex multi-party liability matters. He graduated cum laude from the University of Miami School of Law and began his legal career as an Assistant Public Defender in Miami-Dade County, where he tried more than 25 cases to verdict and developed the courtroom instincts that define his practice today. That foundation matters in maritime cases, where vessel owners and their insurance carriers routinely dispute liability and minimize injury claims, counting on claimants who lack the resolve to litigate.
The firm’s track record includes results that reflect a willingness to reject lowball offers and see cases through. When a sexual assault case settled for just $20,000 from the defense, Brett took it to trial instead and the jury returned a $2,600,000 verdict. A car versus pedestrian case resolved for $1,850,000. These outcomes reflect a consistent approach: evaluate the case honestly, reject inadequate offers, and go to court when the evidence supports it. For maritime injury victims in West Palm Beach, that posture matters because admiralty defendants, particularly vessel owners with experienced maritime insurers behind them, do not respond to attorneys who will not litigate.
Brett is AV-rated by Martindale-Hubbell, recognized as a Florida Super Lawyer every year since 2015, and holds a 10.0 Superb rating on AVVO and a 10.0 rating on Justia. He is admitted to practice in all Florida state courts and in the United States District Courts for the Southern and Middle Districts of Florida, the federal courts where maritime claims are frequently filed. The firm operates on a contingency fee basis, meaning clients pay nothing unless compensation is secured.
Types of Maritime and Boating Accident Claims We Handle
- Jones Act Crew Member Claims: Seamen who are injured while working aboard a vessel may be entitled to maintenance and cure benefits as well as damages for negligence under the Jones Act, a federal statute that provides broader recovery rights than standard workers compensation. This applies to commercial fishing crew, charter boat deckhands, and other maritime workers whose work assigns them to a vessel in navigation.
- Recreational Boating Accidents: Collisions between recreational boats, accidents caused by reckless or impaired operators, and incidents involving personal watercraft are common in the waters off West Palm Beach and Palm Beach Inlet. Florida law requires boat operators to maintain a proper lookout and operate at safe speeds, and violations of these duties establish negligence.
- Passenger Injuries Aboard Charter and Tour Vessels: Charter fishing boats, sightseeing vessels, dinner cruises, and water taxis operating out of Palm Beach County marinas owe a duty of care to their passengers. When a passenger is injured due to a slippery deck, defective equipment, or an operator’s failure to follow safe navigation practices, the vessel owner may be liable under both general maritime law and negligence principles.
- Dock and Marina Worker Injuries: Workers employed at boatyards, fuel docks, and marine service facilities who are injured may have claims under the Longshore and Harbor Workers’ Compensation Act, general maritime law, or Florida law depending on the nature of their employment and the location of the injury. These cases often require careful analysis of which legal framework applies before a claim can be properly filed.
- Cruise Ship Injuries: South Florida is the cruise capital of the world, and many Palm Beach County residents board and disembark from vessels operating out of Port Everglades and PortMiami. Injuries that occur aboard cruise ships, including falls, foodborne illness, sexual assault, and tender boat accidents, are governed by federal maritime law and are subject to strict notice and filing deadlines that are shorter than standard Florida statutes of limitations.
- Unseaworthiness Claims: Under general maritime law, vessel owners have an absolute duty to maintain a seaworthy vessel. A crewmember or sometimes a passenger who is injured due to a defective or unsafe condition aboard a vessel may bring an unseaworthiness claim independent of any negligence claim, which can significantly expand the available recovery.
- Drowning and Wrongful Death on the Water: Boating fatalities leave families without clear guidance on where to turn. Whether a drowning results from operator negligence, a vessel design defect, inadequate safety equipment, or the failure of another boater to render aid, Florida wrongful death principles and federal maritime law both create potential avenues for compensation for surviving family members.
How Maritime Claims Differ and What That Means for West Palm Beach Victims
The single most common mistake maritime injury victims make is treating their claim like any other personal injury case. The deadlines are different. The legal standards are different. And the documentation required to support the claim is different in ways that are not intuitive if you have never handled a maritime matter before.
For cruise ship passengers, most ticket contracts include contractual notice requirements that can be as short as six months from the date of injury, and the contract may specify that any lawsuit must be filed in a particular federal court regardless of where the passenger lives. Missing these deadlines, or filing in the wrong court, can permanently eliminate the claim. For Jones Act seamen, the three-year limitations period under federal maritime law differs from Florida’s standard negligence deadline. For workers covered by the Longshore and Harbor Workers’ Compensation Act, the claim process runs through a federal administrative system rather than Florida’s Division of Workers’ Compensation, and failure to file timely notice with the appropriate federal district office can waive benefits.
If you were injured on the water or while working at a West Palm Beach area marina, the first practical step is preserving every piece of evidence you can access. Photographs of the scene, the vessel, and your injuries should be taken immediately. If there was a collision or a reportable boating accident, the Florida Fish and Wildlife Conservation Commission requires incident reports to be filed, and obtaining a copy of that report is essential. Medical treatment should not be delayed; beyond the obvious importance to your health, gaps in treatment create gaps in documentation that defense counsel will exploit. Keep records of every provider you see, every medication prescribed, and every appointment missed due to your injuries.
For cases in Palm Beach County, federal admiralty matters are handled in the United States District Court for the Southern District of Florida, located in West Palm Beach on South Flagler Drive. State court claims may be filed in the Palm Beach County Courthouse in downtown West Palm Beach. Understanding at the outset which court is the appropriate forum, and why, is a threshold decision that shapes the entire litigation strategy.
One mistake that can cost victims significant money is accepting early maintenance and cure payments from a vessel owner without understanding what rights those payments do and do not resolve. Maintenance and cure is a separate obligation from the vessel owner’s liability for negligence or unseaworthiness, and settling one does not mean settling the other. A maritime attorney can help you understand what you are accepting before you sign anything.
Questions Clients Ask About Maritime Accident Cases in West Palm Beach
What is the difference between a maritime accident claim and a regular boat accident claim?
A maritime or admiralty claim is governed by federal law, including general maritime principles, the Jones Act for seamen, and the Longshore and Harbor Workers’ Compensation Act for certain dock workers. A recreational boating accident on state waters that does not involve a vessel “in navigation” in the maritime law sense may be handled entirely under Florida negligence law. The distinction depends on the nature of the vessel, the navigable waters involved, the status of the injured person, and the specific circumstances of the accident. Many cases have both maritime and state law dimensions, which is one reason these matters require careful legal analysis at the outset.
How long do I have to file a maritime accident lawsuit in Florida?
It depends on the type of claim. Jones Act claims generally carry a three-year limitations period. Cruise ship passenger claims may be subject to shorter contractual deadlines, sometimes as brief as one year for filing suit and six months for submitting written notice of the claim. Claims under the Death on the High Seas Act, for deaths occurring more than three nautical miles offshore, have their own timeline. Given that cruise and charter contracts often shorten these windows significantly, anyone injured on a vessel should consult an attorney promptly rather than waiting until what they assume is the standard deadline.
Can I sue my employer if I was hurt while working on a boat?
If you qualify as a seaman under the Jones Act, yes. The Jones Act allows maritime workers who are assigned to and contribute to the function of a vessel in navigation to sue their employer for negligence. This is a significant right because standard workers compensation laws, which typically bar employees from suing employers for work injuries, do not apply to Jones Act seamen. A qualifying seaman who is injured due to employer negligence may recover for medical costs, lost wages, pain and suffering, and other damages.
What is “maintenance and cure” and do I have to accept it?
Maintenance and cure is a traditional maritime obligation requiring a vessel owner to pay a qualifying seaman’s daily living expenses (maintenance) and medical treatment costs (cure) after an injury that occurs in service of the vessel, regardless of fault. Accepting maintenance and cure payments does not automatically resolve your negligence or unseaworthiness claims against the vessel owner. You should not sign any documents releasing claims without understanding exactly what rights you are preserving and what you may be waiving. The two types of claims are legally separate.
What if I was partially responsible for my boating accident?
Under general maritime law, the rule of pure comparative fault applies, meaning your recovery is reduced by your percentage of fault rather than being barred entirely. If a jury finds you twenty percent responsible and awards $500,000 in damages, you would receive $400,000. This is more favorable than the contributory negligence standard that once applied in admiralty and is more favorable than the modified comparative fault systems used in some states. Florida courts have adopted comparative fault principles broadly, and federal admiralty courts apply a similar framework in maritime cases.
I was injured as a passenger on a private recreational boat. What are my options?
Passengers injured on recreational vessels in Florida can bring negligence claims against the boat operator and potentially the vessel owner if they are different parties. Florida requires boat operators to operate at a safe speed with a proper lookout, and violations of these duties, particularly in congested waterways like the Intracoastal between West Palm Beach and Palm Beach, are strong evidence of negligence. Florida also has a boat owner liability statute that can hold owners responsible for the negligent operation of their vessels by others with permission. If the vessel was a charter or paid service, additional duties of care apply.
Does it matter where the accident happened, in the ocean versus in a marina or on the Intracoastal?
Location matters significantly. Federal admiralty jurisdiction generally applies to navigable waters of the United States, which includes the Atlantic Ocean, Lake Worth Lagoon, the Intracoastal Waterway, and similar bodies connected to interstate commerce. Accidents that occur in these waters are more likely to be governed by maritime law. Accidents that occur on a fixed dock or on land within a marina may be governed by Florida negligence law instead. The line is not always obvious, and some cases involve both frameworks, which is one reason the threshold jurisdictional analysis is so important in these matters.
Can I bring a claim if a family member drowned in a boating accident and the boat operator was drunk?
Yes. Florida’s wrongful death statute allows surviving family members to recover for the loss of a loved one caused by another’s negligence or wrongful act. Operating a vessel while impaired is a criminal offense under Florida law and is also strong evidence of the negligence required to support a civil claim. Federal maritime law also provides a wrongful death remedy for deaths that occur on the high seas. The damages available in a wrongful death case include loss of companionship, mental pain and suffering for survivors, loss of support, and funeral and burial expenses. The process differs from a personal injury claim in several procedural respects, so surviving families should act quickly given the applicable deadlines.
What if the vessel owner filed a limitation of liability action?
Under federal maritime law, a vessel owner may file a petition in federal court seeking to limit their liability to the post-accident value of the vessel after an accident. This is a strategy often used by commercial vessel owners following serious accidents with multiple claimants. The limitation proceeding consolidates all claims in one federal court proceeding, and claimants must file claims in that proceeding by a court-imposed deadline or risk losing their ability to recover. If you receive notice of a limitation of liability proceeding involving a vessel connected to your accident, consulting a maritime attorney immediately is critical because the deadlines in these proceedings can be very short.
Will my health insurance cover my medical treatment while a maritime accident claim is pending?
It depends on your policy and the nature of your injury. Some health insurance policies have subrogation clauses that allow the insurer to seek reimbursement from any eventual settlement or judgment. If you are a qualifying seaman, the vessel owner’s maintenance and cure obligation covers treatment costs related to a service-related injury, and your attorney can help ensure that obligation is being met while your broader claim is pending. For recreational boating accident victims, using available health coverage while the liability case proceeds is often advisable to ensure treatment is not delayed, but the subrogation implications should be discussed with your attorney early in the process.
Serving Maritime Accident Clients Across West Palm Beach and the Palm Beach County Waterfront
Steinberg Law, P.A. represents clients injured on the water and at marine facilities throughout West Palm Beach and the surrounding communities. From the boating corridors along Flagler Drive and Clematis Street waterfront through the marinas in Riviera Beach and Singer Island, north through Palm Beach Gardens and Jupiter Inlet, and south through Lake Worth, Lantana, Manalapan, and Boynton Beach, the firm serves clients wherever their maritime accident occurred. We also represent clients from Royal Palm Beach, Wellington, Loxahatchee, Belle Glade, and the western Palm Beach County communities who access the Intracoastal and coastal waters through the county’s many boat ramps and access points.
For clients whose accidents occurred further afield, including cruise ship injuries originating from Port Everglades in Fort Lauderdale or PortMiami, offshore incidents in federal waters, or accidents in Broward County waterways such as the New River or Port Everglades harbor, the firm is positioned to handle those cases as well. Brett Steinberg is admitted to practice in the United States District Court for the Southern District of Florida, which covers the federal maritime docket for this entire region. Whether your claim ultimately proceeds in Palm Beach County Circuit Court, West Palm Beach federal court, or through a federal administrative process, Steinberg Law has the court admission and practice experience to represent you in the appropriate forum.
Talk to a West Palm Beach Maritime Accident Attorney About Your Case
Maritime injury claims move on compressed timelines relative to other personal injury matters, and the distinctions between applicable legal frameworks can determine whether you have a viable claim at all, and for how much. A West Palm Beach maritime accident attorney at Steinberg Law, P.A. can evaluate your situation, identify the proper legal framework, and give you an honest assessment of what your claim is worth and what path to recovery makes sense. Every case the firm accepts is handled on a contingency fee basis, meaning you owe nothing unless Brett secures compensation on your behalf. Call Steinberg Law, P.A. to schedule your free one-hour consultation and get direct, straightforward answers to your questions.
