Legal cases involving deaths and severe injuries occurring on navigable waters are generally governed by U.S. federal maritime law unless a passenger ticket contract or an international treaty provides otherwise (example: the Athens Convention governs certain “non- U.S.– touching” ocean cruises).

Michael D. Eriksen, is one (1) of only four (4) active plaintiffs’ trial lawyers who are dual-Board Certified by the Florida Bar as a Specialist in both Civil Trial Law and Admiralty & Maritime Law (out of several thousand personal injury lawyers in Florida).

Mr. Eriksen personally handles all cases accepted by the firm. He personally deals with his clients, who are not relegated to paralegals or legal assistants. All preliminary consultations with Mr. Eriksen are absolutely free; and Mr. Eriksen charges a “contingent fee,” which means he gets paid only if he recovers money damages for his client.

He is admitted to practice before the U.S. Supreme Court, the Eleventh U.S. Circuit Court of Appeals, and all federal and state trial courts in Florida.

Over the last forty-plus years, Mr. Eriksen has completed over 175 jury trials involving severe injuries or deaths (and has successfully settled hundreds more), many of which have involved maritime or travel-related personal injuries and deaths occurring in the U.S. or foreign countries or on their navigable waters. (Examples include cases arising on or near ships or other vessels like cruise ships, boats, dive and fishing charters, parasailers or jet-skis).

Mr. Eriksen has helped shape maritime law regarding sexual assaults by vessel crewmembers and alcohol-facilitated injuries and deaths occurring during overseas cruises, shore excursions and resort stays (including personal jurisdiction, choice of law, and forum).

Mr. Eriksen is a recognized authority on the 1920 Death on the High Seas Act (DOHSA), which generally governs fatal injuries occurring on ”the high seas” and limits decedents’ survivors to economic damages (in other words., no damages for non-economic pain and suffering). The 1920 Jones Act covers seamen killed or injured due to their employer’s negligence. Seamen or their survivors may also sue for the unseaworthiness, if any, of the vessels seamen work on. Injured seamen may also have claim maintenance (wage compensation) and cure (medical bills)

Such cases against individuals and corporations (as opposed to vessels) may be decided by a jury in state or federal court (unless a contract such as a cruise ticket specifies otherwise). Vessels may sometimes be sued, but only before a federal judge without a jury.

Cases involving maritime and/or foreign deaths or injuries are generally subject to unique time limits, which may differ from the statutes of limitations of various U.S. states or foreign countries. For example, the federal maritime three (3) year statute of limitations generally applies to maritime death and injury lawsuits filed in the United States. However, another federal maritime statute allows marine passenger carriers, such as cruise lines, to shorten that period considerably in their tickets by requiring receipt of written notice of a claim within six (6) months post-injury (or death), with lawsuits to be filed within one (1) year after the death or injury. Cruise line passenger ticket contracts often extend these rights and limitations to the cruise line’s “independent contractors,” such as spa and ship’s medical staff and other vendors, who may be entitled to receive a separate notice of claim directly from an injured passenger or legal representative. A given cruise line’s contractual restrictions on claims by passengers may vary, depending on where a cruise is purchased. Therefore, injured passengers and/or their legal representatives should access and carefully read the relevant cruise line’s passenger ticket contract that is relevant to the country of purchase (posted on the Internet).

A Florida lawsuit against a foreign defendant (example: a foreign tour or excursion operator) for an overseas injury or death may not be practical unless the defendant and/or the claim has certain ties to Florida. However such a claim possibly may be pursued in the country of origin even if a U.S. lawsuit is not practical. Foreign countries typically have their own limitations on such suits. (examples: no jury trials, lower damages, if any, compared to U.S. suits, language barriers, and shorter statutes of limitations). Mr. Eriksen, as an attorney licensed to practice in Florida, cannot and does not practice in foreign countries. However, each foreign country’s U.S. Embassy website typically has a list of local attorneys to choose from.