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Old January 27th, 2012, 07:24 AM
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Default Costa offers $14000 Compensation

The latest news is that after negotiations between Italian consumer groups and Costa, Costa is offering 11000 Euros for stress and loss of luggage to each of the survivors.

That is GBP 9000 or USD 14000

Annie
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Old January 27th, 2012, 08:13 AM
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I'm happy to see them make that offer. It's certainly an improvement on the 30% rumour that was floating around.
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Old January 27th, 2012, 09:48 AM
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I've just posted on the other thead, but I would say this isn't going to fly for the majority. The other parts of this - over 3,000 passengers have signed on with consumer groups and lawyers. Several class actions have been filed included two in the U.S. The consumers groups in Italy are working together with the lawyers in the U.S. That $14,000 isn't even going to cover the lawyers fees!!
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Old January 27th, 2012, 10:07 AM
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I guess my head, or theirs, is not in the real world, because my 1st thought is, boy how low can they go? Will whatever amount they get, be paid directly to the passenger in total? I think a more serious beginning would have been $25,000.

What will they pay to the families who lost a love ones, has that been mentioned yet? Wonder how long the wait will be to recieve this compensation.
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Old January 27th, 2012, 10:13 AM
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My thinking is that the majority of passengers will sue .
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Old January 27th, 2012, 10:22 AM
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The general consenus on my side of the pond is that it is not an unreasonable offer -with the caveat you did not sustain serious injuries.

Why should they hike up the offer to pay fat lawyers? Cultural difference I suspect.

I think there were approx 100 US and 25 UK citizens on board.

Honestly, and I know if this is a big assumption - if I did not sustain major PTS - I'd probably settle. If I was still working and had to take 1 week's sick leave - I would be paid therefore no compo required for loss of earnings.

But I have survived a major RTA, walked out of a burning building and have been rescued from drowning - and fortunately never even had a broken night's sleep.

So I'd bank the cheque - spend it on more land based holidays and move on with my life.

Annie
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Old January 27th, 2012, 10:37 AM
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Originally Posted by Trip View Post
I guess my head, or theirs, is not in the real world, because my 1st thought is, boy how low can they go? Will whatever amount they get, be paid directly to the passenger in total? I think a more serious beginning would have been $25,000.

What will they pay to the families who lost a love ones, has that been mentioned yet? Wonder how long the wait will be to recieve this compensation.
It's very difficult to know, or judge, how much is fair compensation. It was reported earlier this week, that one lawyer representing some of the passengers asked for $16000 per passenger.

The thing is the lawyers will be taking these cases on contingency, and will likely be getting between 20-40% of the setttlements they reach for their clients.

In accordance with the cruise contract the cases are going to have to be filed in Italy.

No doubt some of the passengers lost more than the $14000 offered in their belongings onboard, including jewelry and cash in their safes. I'd guess some of that would be covered by their home owner's insurance policies, but that too has variables.

In this case, a "class action" suit is the wrong approach for the passengers. I'd be negotiating separatel; perhaps with the assistance of an attorney (if it wasn't going well on my own, with my travel agent).

Of course the compensation to those who lost their lives will be much different.
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Old January 27th, 2012, 10:37 AM
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People have been "sue happy" the past few years .My thinking is that the average person will take a chance with this avenue rather than "settle" for $14,000 .
If I were one of the passengers and did not sustain physical injury I would accept the money .
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Old January 27th, 2012, 10:40 AM
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People have been "sue happy" the past few years .My thinking is that the average person will take a chance with this avenue rather than "settle" for $14,000 .
If I were one of the passengers and did not sustain physical injury I would accept the money .
Thank you Henry - my views exactly.

Annie
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Old January 27th, 2012, 10:41 AM
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Old January 27th, 2012, 10:48 AM
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FYI...

I interviewed some of the lawyers involved - and I do not see any way they get a class action lawsuit started in the U.S. on this topic. The contract specifies Genoa.

The NY lawyers threatening to sue face this to change venue: The three criteria for a change of venue:

1. where are the victims
2. where did the incident occur
3. where is the evidence located

Except the few Americans onboard - the answer is "Italy" in most of those cases. Plus "class action" infers they all had the same exposure to damage. That isn't true in this case (unless you limit it to people who were basically not hurt).

Plus - the lawyers say they believe they can pierce the cruise contract - but a Supremem Court ruling "Shute VS. Carnival" says cruise contracts are legal, legible, understandable and not unreasonable. The contract is rarely pierced.

also (BTW) - that 30% off rumor was strictly for people scheduled to sail on future Concordia cruises - not the victims.
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Old January 27th, 2012, 11:48 AM
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I would think that the large USA law firms that specialize in international law would be the ones for American passengers who were on the ship .
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Old January 27th, 2012, 05:46 PM
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Well, my forgetful neighbours, there were 12 Canadians on board and at least 2 of them swam to save their lives. I don't know how they feel, I cannot even begin to feel for them but this amount is an insult in my book.

Also, I do know from personal experience (not a ship accident) that this is only the opening bid, so to speak, and you never take the opening bid.

It wasn't even the accident itself that makes me sick, but the way they were treated after was insulting.
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Old January 27th, 2012, 06:45 PM
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Well, my forgetful neighbours, there were 12 Canadians on board and at least 2 of them swam to save their lives. I don't know how they feel, I cannot even begin to feel for them but this amount is an insult in my book.

Also, I do know from personal experience (not a ship accident) that this is only the opening bid, so to speak, and you never take the opening bid.

It wasn't even the accident itself that makes me sick, but the way they were treated after was insulting.
!st of all, I apologise for ommitting the Canadians,Irish and any other nationality.

I hope my post did not suggest that anyone who sustained a major trauma - and I do count swimming for your life in that group - accept that offer.

However if I managed to secure a seat in a lifeboat and that was the extent of my trauma -I would accept the offer.

Slightly off topic,I don't know if you all remember the English woman who was dropped into the sea whilst being medivaced off Norway? She subsequently died and the last media report I read stated that her husband was not considering suing as it could not bring her back.

Annie
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Old January 27th, 2012, 07:16 PM
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!st of all, I apologise for ommitting the Canadians,Irish and any other nationality.

I hope my post did not suggest that anyone who sustained a major trauma - and I do count swimming for your life in that group - accept that offer.

However if I managed to secure a seat in a lifeboat and that was the extent of my trauma -I would accept the offer.

Slightly off topic,I don't know if you all remember the English woman who was dropped into the sea whilst being medivaced off Norway? She subsequently died and the last media report I read stated that her husband was not considering suing as it could not bring her back.

Annie
I was in Wales when that happened. I simply couldn't believe it. Shocking.

However, I was also not saying that everyone will or perhaps should get the same amount, but I do know that this offer is not the first one they will receive. Everyone reacts differently under duress and every single soul was under duress. Some won't really know their personal results for some time to come. Personally, although I would not be looking to making my fortune from this horrid event, I would not consider signing off just yet. All the facts are not in yet and the shock has not worn off anyone.

Way too soon to accept and I wouldn't do it. In the same breath, I cannot speak for anyone who was there. I can say I would do this and that, but in fact, I really don't know what I would do never having been there. (And I hope I never find out.)
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Old January 27th, 2012, 07:38 PM
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What I think might happen, once they come up with a new offer is that, the surviviors will accept what is given as a final offer from the companies involved. To strike out on your own in this type of lawsuit, to me would be involve even more stress and anguish. Hiring a competent maritime lawyer, and, every other cost involved would diminish their final outcome. Person or persons, holding out on their own, I would think, would have to present an over and above case, as to why they opted out of the majority case, wouldn't you think?

I am guessing once the final number is resolved, the survivors will be able to move forward, protected by their compensation, to get whatever help they need. The families of the lost souls at sea, of course are in a separate catagory, deservedly so.
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Old January 28th, 2012, 09:48 AM
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Actually Trip, the majority of lawyers are saying they should file individually (or by family of course) rather than class action because of the tremendous difference from person to person.

It already appears that the vast majority have turned down this paltry sum and who can blame them.

It's interesting that I'm reading all over the net how everyone else thinks the survivors should consider themselves lucky with the offer that's on the table. I guess that's the difference between actually being there and airchair quarterbacks. Absolutely no one knows what each and every one of these individuals went through and continue to go through each day. Until we have walked a mile in their shoes we, the airchair quarterbacks, have no right to an opinion on what they should be doing and "appreciating" as so many on other sites are saying. (I have not seen that said here.)
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Old January 28th, 2012, 11:12 AM
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I dont really know what fair compensation would be for the people involed in this mess. Im pretty sure tho there will be people who try and make it a big pay day.I dont really understand how money is going to make anything better tho?Ok maybe replace the stuff you lost on the ship.But money isnt going to change anything that happened or bring a loved one back I feel that people get greedy espeacialy if they are talking to a lawyer!The people who are going to make out the best in all of this is the blood sucking lawyers!
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Old January 28th, 2012, 01:01 PM
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I dont really know what fair compensation would be for the people involed in this mess. Im pretty sure tho there will be people who try and make it a big pay day.I dont really understand how money is going to make anything better tho?Ok maybe replace the stuff you lost on the ship.But money isnt going to change anything that happened or bring a loved one back I feel that people get greedy espeacialy if they are talking to a lawyer!The people who are going to make out the best in all of this is the blood sucking lawyers!
Dhill - I agree 100%

Felix - I hear you.

The nearest incident that I have experienced 1st hand happened to me in 1997. I was in the vicinity of Luxor when the terrorists shot the tourists on the West Bank. (Largely Swiss with some UK nationals)

Like many on the Concordia, I was coming to the end of my holiday ;- all UK nationals in Egypt were repatriated.

Compensation - never even crossed our minds. I went back to work the day after and life went on.

All I am saying based on my limited life experience, I would just want to put it behind me and get on with my life. I would not want to spend time with lawyers - who would probably get as much out of any settlement as I would w/o experiencing the stress.

Annie
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Old January 28th, 2012, 04:52 PM
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I'm not saying anyone is greedy. I'm not saying that some should not take the $14,000. I am saying though, it's too early. Personally, I would not be looking to get rich out of this but I would not be pushed into signing away my rights quite so fast. Take some time, see what happens, see if you need other help. Why is Costa/Carnival in such a hurry to get people signed off.

Speaking for myself, I just would not sign my rights away this quickly. I also base that on not "needing" the money. I could afford to live before this, I can afford to live after this. I want my refund and all costs associated with this event, whter that is from the company or my insurance, then I'm going to sit back and think. That's what my advise would be to anyone.

In the end, I may have been willing to take the money as offered, but don't push.

However, as I said before, I wasn't there. I honestly don't know how I would react and as I said before, none of us know how anyone felt on that ship.
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Old January 28th, 2012, 05:25 PM
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So much for the system to work it's way through..time will tell. I still think to fight as a single lawsuit, when the majority has signed off, would be a tough road..
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Old January 28th, 2012, 07:40 PM
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So much for the system to work it's way through..time will tell. I still think to fight as a single lawsuit, when the majority has signed off, would be a tough road..

But the majority haven't signed off and I don't think they will. Just look at the consumer group who suggested they do - it's the consumer group that wants to protect the travel industry not the passengers.
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Old January 29th, 2012, 12:07 PM
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Saddly, there is no record of who sustained what injury. There is no record of who made it on a lifeboat (first or last) and who swam for their life.

I think you can either prove you were on the ship and if so, prove that you live to tell your version of the truth.

For those that got off the ship, the cruiseline did little to mitigate the outcome. At the very least the survivors should have been attended to by cruiseline personnel, so that Costa would have "proof" of physical injuries which were sustained. Without that, its the passenger's word.

I'm not suggesting that survivors are gonig to fabricate their damages, but for those that want to ....

Who knows what terror took place for those trying to get off the ship. We only know the limitted video accounts that we've seen.

For those that lost a loved - the compensation is not enough - not that you can place a financial value on a human life.


I can't say for certain because I haven't walked a mile in their shoes ... but if I was not traumatized by the events (PTSD), did not lose loved ones etc....then I think I might take what seems like a reasonable offfer. But the offer should consider the following:
-refund of all cruise, air and other travel expenses [pre-and post cruise]
-refund of all medical expenses
-refund for all items lost at sea (jewellery, electronics, clothes etc.). I probably carry on about $3,000 of electronics [camera, dvd, phones, laptops, kid's gaming]. Come to think of it the offer of $14K, would not even cover my jewellery, if it had been in the safe].

So, in the end, the offer of $14,000 may not be enough. I agree with Trip, $25,000 may have been a better starting point. Yes, personal items should be covered under insurance policies as should travel and medical - but that is not the point. Costa should still be held accountable.
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Old January 29th, 2012, 10:57 PM
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According to todays New York Post : 6 passengers are suing for $460 million and one member of the crew is suing for $100 million .

This is just the beginning .
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Old January 29th, 2012, 11:23 PM
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According to todays New York Post : 6 passengers are suing for $460 million and one member of the crew is suing for $100 million .

This is just the beginning .
It doesn't hurt to ask But, I think the days of getting multi million dollar settlements for spilling hot coffee on yourself are over.

There's lawyers falling over themselves to grab these cases, but watch... if they have no experience in Maritime law those getting caught up with these lawyers aren't going to be happy.
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Old January 30th, 2012, 12:30 AM
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It doesn't hurt to ask But, I think the days of getting multi million dollar settlements for spilling hot coffee on yourself are over.

There's lawyers falling over themselves to grab these cases, but watch... if they have no experience in Maritime law those getting caught up with these lawyers aren't going to be happy.
In New York City there are more than 100 Maritime law practices .My guesstimate is in total more than 1000 in the USA and probably thousands in Europe .

There was a recent documentary of frivalous law suits .No matter what the negative publicity may be the suits are still being filed .
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Old January 30th, 2012, 09:58 AM
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It doesn't hurt to ask But, I think the days of getting multi million dollar settlements for spilling hot coffee on yourself are over.

There's lawyers falling over themselves to grab these cases, but watch... if they have no experience in Maritime law those getting caught up with these lawyers aren't going to be happy.

I don't agree that the days of filing are over and I also don't agree that stupid high awards for spilling hot coffee on yourself are over. However I also don't think you can begin to compare spilling hot coffee on yourself and fleeing from a sinking oceanliner can be said in the same breath.

I agree those that get caught up with the wrong types of lawyers are going to be in a pickle but those that sit back and wait for the dust to settle before doing anything are going to do much better. In saying that, if memory serves me (and sometimes it doesn't) I believe the time for filing is extremely limited according to the "contract" that no one signs and everyone is forced into.
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Old January 30th, 2012, 10:17 AM
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In New York City there are more than 100 Maritime law practices .My guesstimate is in total more than 1000 in the USA and probably thousands in Europe .

There was a recent documentary of frivalous law suits .No matter what the negative publicity may be the suits are still being filed .
There's a good article, our Paul Motter wrote about the law suits on our home page
Cruisemates Blog Lawyers Vow to Defend Costa Victims – Paul Motter

It's very easy to file law suits. And not so easy to win them.

The people who were on the Concordia, and those who lost loved one, deserve compensation!!! I just think the ones who get sucked into working with "ambulance chasers" are going to get the short end of the stick... and not what they are due.
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Old January 30th, 2012, 10:23 AM
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I don't agree that the days of filing are over and I also don't agree that stupid high awards for spilling hot coffee on yourself are over. However I also don't think you can begin to compare spilling hot coffee on yourself and fleeing from a sinking oceanliner can be said in the same breath.
I wasn't even thinking they were comparable. I think the survivors, and those killed in the Concordia incident, deserve fair compensation.

What I do believe is NO ONE who survived the incident is going to get a million bucks because they hired a lawyer (particularly the ones who are trying to form a "class action".

Costa is goingt to want to get things settled. I wonder if anyone onboard has called Costa to discuss negotiating a settlement themselves.

I think it's early to do that, until more details on facts are found, but that may be the way for these people affected to approach this, instead of running with the heard.
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Old January 30th, 2012, 01:33 PM
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I wasn't even thinking they were comparable. I think the survivors, and those killed in the Concordia incident, deserve fair compensation.

What I do believe is NO ONE who survived the incident is going to get a million bucks because they hired a lawyer (particularly the ones who are trying to form a "class action".

Costa is goingt to want to get things settled. I wonder if anyone onboard has called Costa to discuss negotiating a settlement themselves.

I think it's early to do that, until more details on facts are found, but that may be the way for these people affected to approach this, instead of running with the heard.

I don't disagree with what you're saying about those who were not physically hurt not receiving a million bucks but I do think they deserve more than is being offered.

Personally, I would sit back and see what is happening to others before committing to anything. I suppose there are some who took or are going to take the fourteen grand, but I would say the majority are not.

Besides, from a strictly business point of view, the first offer is always the lowball and you can be sure there will be a second and a third. The issue here, is it is so public and there are so many watching. That's why starting from such a lowball figure is creating an even bigger stir.

Some of those lawyers who see $$$$$$$$$ signs are going to keep this out in the public eye as long as they possibly can. They are seeing shade of the Smith case where the scuttlebut is, the widow did get a million.

Only time is going to tell and the only ones who truly know if they have been made a fair offer are those who were on the Concordia.
__________________
Celebrity Constellation - March 17 followed by Celebrity Reflection - March 22

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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