Costa's Compensation Offer MERGED THREAD WITH COSTA LEGAL OFFER & 2 OTHER THREADS

[Taxguy77]

Being an American lawyer I'd like to know who has a fee agreement for 50% of the recovery. I've never seen one. I also highly doubt that the arbitration clause (I'm assuming there is one) could be avoided given recent Supreme Court decisions. However, when you pay a "private judge" by the hour to hear a case you may be surprised (or not) how much time can be put into the case and how much more expensive an arbitration can be than a civil lawsuit. Then, if you don't like the result, you are out of luck. So, as a defendant you have to be careful what you wish for.

 

The passengers will decide whether the Costa offer is reasonable. Like the myriad of opinions in the posts on this thread, there will a huge variance in acceptance of that offer. In any event, I wouldn't be so quick to condemn the American legal system. If I were on that boat you can bet your life I'd do everything I could to stay out of the Italian legal system no matter what my injuries. Think Amanda Knox.

 

Strike Italian andI'll go along!!!

In talking to a friendwho represented my late father in a property case:

You didn't say anything,

"You paid to win the case, not hear me talk!"

You're right.

We won!!!

[sidari]

Wow a Lawyer with some sense.....

 

http://uk.news.yahoo.com/italian-liner-passengers-11-000-euros-110333137.html

[BalconyBumz]

Wow a Lawyer with some sense.....

 

http://uk.news.yahoo.com/italian-liner-passengers-11-000-euros-110333137.html

I listened to it and I'm trying to figure out what "sense" he gave? He basically stated 3 levels of passengers that were effected. How is that sense? That's like obvious. What sense did you see on this?

[celebrity]

Good for Costa to act quickly with a settlement amount that is decent for those not injured.

 

For the others, or those not willing to accept this offer, who proceed with class action or individual law suits, the ones to reap the biggest 'reward' will be the lawyers as another poster said. They would likely get at least 50% in fees while the clients would have their case tied up in court for years.

 

If it were me (thank god it wasn't), I'd take this offer and be thankful I had my life and my family and move on.

 

To those that lost loved ones or were injured, another matter entirely...they may have to sue for compensation unless Costa is working on a separate compensation for them.

 

Well said!

[sidari]

Balcony ... he was saying that the $125,000 pp request to Carnival was wrong for people who merely spent one day on board and got off with no injuries and HE is quite right.

[Pushka]

that is a lot of money... for a inside stateroom pax.

I believe this is aside of insurance claim pax can get from other sources, such as travel insurance or homeowner insurance.

 

But, I can not comment on the psychological trauma, as I know some lawyers have been working on this...

 

I think the offer is pathetic. If this was a true accident, such as a storm, then perhaps. But that isn't the case here. It was a reckless and negligent action by someone within Costa. Therefore they are completely responsible for it. What is the definition of Injury? Everyone on that ship will be mentally traumatized but clearly this injury is going to be ignored. But psychological damage will haunt people for the rest of their lives. And treatment is expensive, at hundreds of dollars an hour. Post traumatic stress disorder creates breakdowns in marriages, relationships and even suicide.

 

Costa are acting quickly in the hope of catching people off guard before they fully understand how this situation will affect them permanently. Twelve months later they will realise what effect it has had on them and it will be too late.

[freagan]

Balcony ... he was saying that the $125,000 pp request to Carnival was wrong for people who merely spent one day on board and got off with no injuries and HE is quite right.

 

I would argue that those who had spend 6 of 7 nights on board and got off with no injuries would be entitled to even less (at least they got most of their cruise, and their on board tab has been wiped clean).

[mickey_d_mouse]

I agree with some of that, those that were scheduled to get off in Savona the next morning and were going home I would agree would be less disadvantaged than those of us just got on, but you need to look at all cases what if this was the first leg of a six week holiday which had been booked and paid for and due to no credit cards passports etc they had to go straight home like us then they have lost more.

[Pushka]

I think the nights on board are irrelevant. It is the incident that took place, the loss of property, the fear of thinking of imminent death, the worry of possibly losing your child/partner/family member, the noise, the panic, etc etc and the actual loss of life that occurred through a reckless act.

 

As soon as someone finds out that you were onboard, you will be asked about it. You would find it difficult to forget it even if you want to because others are curious about if. It will be difficult to move on because it will continue to be discussed in the media. And that means that help will be required to move on. Those are the injuries that Costa wants to ignore.

 

Hey Mickey, there is a law firm with the initials of S and G. They were really helpful in a recent work accident we had and they pointed us in the right direction and didn't charge any fee for advice on the first visit.

[Crusing Nut]

There is a big difference between something being planned and allowing/creating a climate that allowed it to happen - ie allowing fly bys close to islands that are not on planned route and perhaps stressing the bottome line so much that a captain would take cost of abandoning ship into the decision to call same.

 

Every business is cost conscious but businesses can and do vary on where they place importance of today's bottom line in relation to safety issues and concerns. A hefty financial punishment helps insure that safety is given its proper place in the hierarchy.

 

 

Sorry, don't but into that theory. A hefty punishment to a company still does not control individuals and their reactions.

 

I had asked what if all those safety guards are already in place and the captain decided to do a sail by all on his own since he had done it before? What would now be the issue if someone was tracking the ship and saw it was off course and warned the captain to get back on the planned route but by then he had already hit the rock?

 

We simply do not know the facts that Costa knows or the Italian Investigation team.

[mickey_d_mouse]

I think some people are confusing Costa agreeing to pay out the money in 7 days with people having to agree to sign in 7 days.

[Hei1980]

Some of the crap on the Costa Facebook page is disgusting. Selfish and disgusting. Pure and utter greed. $14,000 is a lot of money, and that is only for the uninjured passengers. It seems a select number of people want to squeeze them for every penny they have. That firm starting a lawsuit wanting anything from $160,000 to $1.3 million!!!! How much money do they think Carnival have? Something like that could ruin the company. How many thousands of jobs would be lost then? All because of the inevitable greed. It is an offence to those who lost their lives. It always comes back to money, doesn't it...

 

Thank you!

[Pushka]

If their offer came with unlimited and unrestricted access to the customers preferred provider of psychologists/counsellors and follow up medical treatment that could be traced back to the accident then possibly the offer could be considered as long as all your property was less than the amount offered. But this distinction between "injured and not injured" is extremely archaic and just plain wrong. Unfortunately emotional distress and even mental reaction isnt getting the acknowledgement it should.

[Jeff_R]

And I think $14k is a pittance...even talking about a settlement this soon is insulting to those whose bodies haven't even been recovered yet....to each his own.

 

I think they should just write a check for $14k to everyone on the passenger list immediately and without conditions of settlement. Just for the immediate financial needs some of these people may have as a result of the disaster.

 

I also think we need to stop criticizing Concordia passengers for "being greedy" etc.

 

It really is none of anyone's business what each passenger thinks is appropriate compensation...in my opinion that should be a reflection of the impact it had on their individual lives.

 

Some people may have found the entire disaster a thrilling adventure, and would be happy to have the $14k and everything paid for...they will sleep at night and rebook a cruise as soon as they can get time off work again.

 

Others...well there will be varying degree's. Many uninjured may have lost the ability to cruise or even go on a boat for the rest of their life, what is that worth to a group of cruise enthusiasts like us? More than $14k? I thought so.

 

Different people react to stress in different ways. Often it is how we react to disasters and circumstances beyond our control that defines us for the rest of our lives.

[sylmack]

 

Make it ten million and it wouldn't be enough.

 

If this cruise line was put out of business, no captain on any ship would ever show off again in the manner that led to these deaths.

 

If this cruise line was forced to pay ten million each and was put out of business, every other cruise line would quit the business also, or the price of cruises would be so high (for insurance) that no one could afford to cruise.

 

" Yes, Mr. Jones, your cabin does ressemble a life boat. Oh, and please remember not to get out of it until we get into port. Oh, right, this cruise never leaves port. We pride ourselves in our safety record. Never had a ship sink yet "

[freagan]

I think some people are confusing Costa agreeing to pay out the money in 7 days with people having to agree to sign in 7 days.

 

I'm so confused. :confused: The only 7 I've seen is that anyone, anywhere, booked on any Costa cruise can cancel without penalty before Feb 7th.

 

P.S. INAL but if you really had a 6 week holiday screwed up from the beginning then I don't think you fit in the "norm" and should maybe discuss this with independent* competent legal authority.

 

*independent as in not trying to throw a class action together.

[at_nyc]

Some people may have found the entire disaster a thrilling adventure, and would be happy to have the $14k and everything paid for...they will sleep at night and rebook a cruise as soon as they can get time off work again.

Excellent point!

 

I was thinking of something like that. Say, a young couple, healthy and athletic. May even be swimmer or at least comfortable in water. Got a seat on the lifeboat. Little stress, only lost personal effect that cost maybe a few grand each.

 

The 14,000 - $4000 (material lost) = $10,000 will be just income for the inconvenience. Fair price.

 

The opposite of that is a non-swimmer who also got off on the same lifeboat but fearing for her life the whole time! Probably never going cruising ever. Maybe not even a ferry.

 

The $14,000 feels like an insult for the life long trama.

[Blind Squirrel]

If they made me whole again. As in cover all costs, and I was not injured. I think that would make a counter offer to the 14K. I would ask for a free cruise twice a year for the rest of my life on any of the Carnival brand ships. This would be a win, win for both carnival ( costa ) and myself. I would get to cruise twice a year for free and they would still get the revenue from all my onboard spending. Which would be greater than normal if I did not have to pay for the cruise.

[graphicguy]

I think the nights on board are irrelevant. It is the incident that took place, the loss of property, the fear of thinking of imminent death, the worry of possibly losing your child/partner/family member, the noise, the panic, etc etc and the actual loss of life that occurred through a reckless act.

 

I heartily agree.

 

Costa/Carnival put their customers in harm's way, regardless of how long they were on board. And, the Capt, if he was indeed solely to blame (which is still in question given we don't yet know what Costa told him to do), actually seriously endangered the lives of all on board.

 

This is only the first volley. Some will jump at the measly first offer. I still think that leaves them on the negative side of the ledger, however.

[Eeyoregon]

They obviously don't get it that compensations in Europe are generally not the amounts awarded inAmerican courts.

 

What? You mean you won't get awarded a gazillion dollars in Europe for spilling your hot coffee in your lap :rolleyes:. LOL.

[sfwriter]

Looks like a fair deal to me as it only applies to those uninjured or who didn't lose a life. They would obviously deserve more and their cases would have to be individually looked at.

 

Agree on all counts. So long as I hadn't just brought some antique worth more, I'd be happy.

[Host CJSKIDS]

I think the nights on board are irrelevant. It is the incident that took place, the loss of property, the fear of thinking of imminent death, the worry of possibly losing your child/partner/family member, the noise, the panic, etc etc and the actual loss of life that occurred through a reckless act.

 

As soon as someone finds out that you were onboard, you will be asked about it. You would find it difficult to forget it even if you want to because others are curious about if. It will be difficult to move on because it will continue to be discussed in the media. And that means that help will be required to move on. Those are the injuries that Costa wants to ignore.

 

Hey Mickey, there is a law firm with the initials of S and G. They were really helpful in a recent work accident we had and they pointed us in the right direction and didn't charge any fee for advice on the first visit.

 

You do move on. Even with the fear of imminent death, the fear of losing your children and everything else. You still move on. You will always remember, there are smells or noise that will bring you back. Or you will see a photo, but the memories of th intense fear fade.

[Pushka]

You do move on. Even with the fear of imminent death, the fear of losing your children and everything else. You still move on. You will always remember, there are smells or noise that will bring you back. Or you will see a photo, but the memories of th intense fear fade.

 

Yes, they will of course. I agree. But somehow Costa doesn't seem to think that helping people move on is like treating an injury.

[Bassic]

Does the 11k euro include the 25% off your next cruise voucher? I'm surprised that the offer was that much, and frankly, the way my wife and I were treated by Carnival on our last cruise, I'm surprised they didn't offer a free cruise voucher as initial compensation.

[Joren]

Perhaps you should look at it from Costas point of view. They are in Europe, and the vast majority of passengers are from Europe. Most of the people I've ever seen on my Costa cruises weren't traveling with everything but the kitchen sink. I never saw anyone wearing ostentatious jewelry or clothing on any Costa cruise. Airfares in Europe aren't that expensive so for most of them, it was probably fairly easy for them to get where they needed to go. Relatively speaking. If you needed to, you could take a train from Italy to Germany. I've done it. You can't take a train to Chicago.

 

For many European-based passengers, perhaps the money offered is enough for them to take and say, "yes, thats a fair offer, lets move on". Remember that Europeans aren't as litigious as North Americans, especially Americans. I see this as Costa throwing something out there, hoping that many of the passengers take it, and then deal with the rest either on an individual or class action basis.

 

I find myself really concerned for the crew members. I have a feeling that most of them will be getting, if you pardon the expression - the shaft. I remember one of the wait staff in the restaurant telling us that if they got 3 reviews from passengers that were not happy about their service, for any reason, they were terminated. I've worked in the hospitality industry long enough to recognize a company that views it's employees as an unfortunate cost of doing business, and Costa (and a few others) stand out like sore thumbs. I suspect most of the employees will look at that $14,000 "settlement offer" with a lot of envy.