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  #31 (permalink)  
Old January 30th, 2012, 04:53 PM
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The Smith widow got a million because someone died - and the amount was derived by applying the Death on the High Seas Act. (it was actually just under $1,000,000 but the cruise line rounded it off and raised the amount so the family could get something - as part of a settlement.

In other words - that is a different case, and it was still ruled by law.

Maritime law limits punitive damages a great deal, so the reality is Costa made an offer but they don't to give anyone anything except what they lost.

You have the option to refuse it, but then you have to sue Costa in Italy and prove you are eligible for punitive damages when that is already limited by law. Remember, othjer nations don't have the same tort laws we have, suing for pain & suffering is much less common outside the U.S.

I have no idea how much the people onboard who were not injured "deserve," but I thought $14,000 sounded fairly reasonable.
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  #32 (permalink)  
Old January 30th, 2012, 05:58 PM
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I have no idea how much the people onboard who were not injured "deserve," but I thought $14,000 sounded fairly reasonable.
I agree Paul - and I stress if you were uninjured - I would take the money - after waiting a couple of weeks.

Annie
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  #33 (permalink)  
Old January 30th, 2012, 06:43 PM
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But if you get a lawyer involved you have pay 1/3 to legal fees, so automatically you have to get at least $23,000 just to have the same result - and you are passing up a no hassle offer.

If it was American courts I would tend to agree with you, Felix, but we are talking about suing in Genoa and there is no physical pain or suffering.

What's the record in Italy for suing for mental suffering?
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Old January 30th, 2012, 08:56 PM
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I realize that the lawyer would get 1/3. I'm also not advocating even going thru a lawyer at this time. I am just saying don't take the first offer, sit back and get your thoughts in order. I know they only gave them seven days but let's face it, if a passenger called them 21 days later and said I want twenty grand, do you really think they will walk away from it when they have the opportunity to get another passenger signed off?

I just don't think this is going to be the only offer. I have a copy of the offer. The 14 doesn't include all the expenses. They will be seperate and everything will be paid within 7 days of sign-off.

Everyone has to do what is best for them. Long drawn out court cases don't work so well for the passenger. I also believe the max to be paid in Italy is 70 thou but I think that is to injured.
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Old February 2nd, 2012, 02:24 PM
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I'm not sure what to do yet.

On the one hand, I wasn't injured, and I don't believe I've suffered psychologically from it, so on the basis of what I personally suffered, if this were a bona-fide accident, then 11k + airfare + refund + content_of_safe would seem to be a reasonable offer.

But it isn't that clear cut. Considering the negligence, and recklessness that led to this event, and fiasco of an evacuation, should they be paying out considerably more on this?

On the opposite end of the scale, though I think some people are in dreamland, considering that I've heard about some of them claiming for $460 million between six of them, which if my calculations are correct is $77m per person. I can't figure how they're justifying this kind of claim unless they're paralysed from the neck down.
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Old February 2nd, 2012, 05:50 PM
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I thought it was a very fair offer if you weren't injured in the incident. And good luck to the one's that are going to sue hoping for big bucks. Carnival may raise the offer but I don't think by much.
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Old February 2nd, 2012, 08:06 PM
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It does appear to be a Fair offer and for some it could be a very good one! there were around 650 people who spent around 3 hours actual sailing on Concordia from Civitavecchia and unless any were injured or lost a loved one how can you say that they should be paid more ?
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Old February 2nd, 2012, 09:27 PM
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I thought it was a very fair offer if you weren't injured in the incident. And good luck to the one's that are going to sue hoping for big bucks. Carnival may raise the offer but I don't think by much.
I don't think Carnival will get involved if they can help it. I think they'll leave it to Costa, as much as they can to sort it out themselves. I do agree though - I think those sueing for $76.6 million a head are pretty far separated from reality. I don't think they're going to get very far with their Case in Florida instead of Italy either.

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It does appear to be a Fair offer and for some it could be a very good one! there were around 650 people who spent around 3 hours actual sailing on Concordia from Civitavecchia and unless any were injured or lost a loved one how can you say that they should be paid more ?
I'm not sure why you're making the distinction between the people who got on in Civitaveccia ( where I got on ), and those who got on earlier. everyone else at least got a bit of a cruise in before this happened.

To answer your question however, I'm not sure if the 11k they're offering, addresses the recklessness, and neglect that led to this incident. This wasn't some unavoidable, or unpredictable event. The Captain, and Costa as people responsible for putting that Captain there, put lives at risk, including mine ( I was sleeping 10 minutes before this happened ), to show off to an old friend.
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  #39 (permalink)  
Old February 2nd, 2012, 09:58 PM
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Arion, you are the only one on here who can say if the offer is a good one or not. All others, myself included, are armchair quarterbacking and really have no business saying what is fair and what isn't. They weren't there and quite frankly really don't know how they would have reacted under exactly those circumstances.

I don't know how I would have reacted either and I don't know what I would be expecting, but I would certainly resent those who keep telling you how much you should want/need/expect.
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Old February 2nd, 2012, 09:59 PM
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Originally Posted by sidari View Post
It does appear to be a Fair offer and for some it could be a very good one! there were around 650 people who spent around 3 hours actual sailing on Concordia from Civitavecchia and unless any were injured or lost a loved one how can you say that they should be paid more ?
How long anyone spent aboard this ship has nothing to do with the price of bread. I don't know why you would think so. You weren't there therefore you can't judge for those who were.
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Old February 2nd, 2012, 10:20 PM
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To make the distinction of where somebody boarded, be it, Civitavecchia, or, the originating port, makes no sense. The length of time someone was on board, has nothing do do with anything.

I do agree we have no conception of the level of anyones pain and suffering. Someone who was able to get off swiflty, vs someone who may have been separated from a loved one...another one jumping onto the sea, scared out of their minds, vs another who had the ablilty to get into a boat...each is impacted....they deserve to feel how they do, without criticism.
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Old February 2nd, 2012, 10:23 PM
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I would certainly resent those who keep telling you how much you should want/need/expect.
I'm don't understand this. All through this thread you've been saying the offer made was not enough.

Isn't that telling them "how much you should want/need/expect" ? Just because you want them to get more doesn't make offering your opinion any less intrusive than those who might think the offer is fair.

Everyone who has posted an opinion is doing just as you have... expressing an opinion. No one is telling anyone affected what they "should do". Those who were affected directly will make their own decisions in the end.

I'm guessing it will be some time before any of them make any decisions on negotiated settlements.

Regardless of compensation, they thankfully have their lives to live. Those families who lost loved ones will sadly feel that loss forever.
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Old February 2nd, 2012, 10:51 PM
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Everyone's entitled to their opinion, and I have no problem with someone elses opinion being different from mine. Heck, my opinion on the matter has been changing so much recently it would be difficult for anyone to keep in sync with my opinion.

I think the important thing here is to keep an open mind. Two aspects of this issue, among many others, are (a) how much compensation do I and the other passengers who had a similar experience to me deserve, and (b) given what happened, and how it happened, how much should Costa have to pay out. I don't think the two are directly related.
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Old February 3rd, 2012, 09:27 AM
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Arion ... First of all i am glad that you are home and safe from the ship, my post does not set out to tell anyone what he or she should accept by way of compensation, i said i believed the offer when added together was Fair not Good or Great but Fair! and those involved will decide what is right for them but it does not mean that we cannot have an opinion on it.

What is wrong is lawyers trying to make it a nonsense in claiming $460 million for 6 people!

Felix ... I know exactly how i would have reacted having spent 30 years as a Full Time Firefighter!
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Old February 3rd, 2012, 11:24 AM
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Originally Posted by Kuki View Post
I'm don't understand this. All through this thread you've been saying the offer made was not enough.

Isn't that telling them "how much you should want/need/expect" ? Just because you want them to get more doesn't make offering your opinion any less intrusive than those who might think the offer is fair.

Everyone who has posted an opinion is doing just as you have... expressing an opinion. No one is telling anyone affected what they "should do". Those who were affected directly will make their own decisions in the end.

I'm guessing it will be some time before any of them make any decisions on negotiated settlements.

Regardless of compensation, they thankfully have their lives to live. Those families who lost loved ones will sadly feel that loss forever.

Right you are, and I stand by what I've said. I don't believe it is enough at least for me. Part of that is based on knowing that they will make a second offer - and it will be somewhat higher.

I've taken my frustrations out over here based on what I've read elsewhere where there are people saying they should take this amount as anything more may affect the price of cruising and "they" will have to pay more to cruise.

Sadari - you're braver than me. As a firefighter you have an infinity for calmness under fire as you are trained that way. Anyone who does what you do for a living is to be thanked.

Whatever the outcome, I do hope everyone who was on is allowed to think for themselves and decide what is best for them. (and not the lawyers.)
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44 cruises - too many to list however cruiselines are in no particular order:

Azamara
Uniworld
RCL
Princess
NCL
HAL
Cunard
Celebrity
and some unknown tub

Yes, I'm a Royal Chump and proud of it.
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