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Questions Answered by Michael A. Winkleman
2 Answers | Asked in Admiralty / Maritime for New York on
Q: My wife slipped on a wet deck recently on a cruise down to Mexico - how long would we have to file a lawsuit?
Michael A. Winkleman
Michael A. Winkleman answered on Oct 31, 2018

I hope your wife is doing OK.

The answer to your question will depend on the fine print of your cruise ticket contract but with most major cruise lines: Carnival, Royal Caribbean, NCL, there is a 6 month notice requirement (which means you must give written notice within 6 months of the...
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2 Answers | Asked in Admiralty / Maritime for Texas on
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Michael A. Winkleman
Michael A. Winkleman answered on Sep 7, 2018

3 years from the date of the incident

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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?
Michael A. Winkleman
Michael A. Winkleman answered on Jul 5, 2018

It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.

Are you a passenger or a crewmember?

2 Answers | Asked in Admiralty / Maritime for Texas on
Q: Is the Death On The High Seas Act a claim a family member can file in addition to a wrongful death claim, or instead of

one?

Michael A. Winkleman
Michael A. Winkleman answered on May 18, 2018

They are practically the same thing. If a death occurs on the high seas you must file a lawsuit under the death on the high seas act. There are very few exceptions to this.

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