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

[freagan]

IAnd the amount that Costa will agree to pay to those that hold out for class action will be considerably more than $14,600. IMHO.

 

Gross maybe. Pennies on the dollar after the lawyers take their cut.

[Sargent_Schultz]

If you got your 100k, the legals expenses would eat up $85k of it. It will take years before the lawsuits and appeals are exhausted, not to mention the battle over which country and courts have jurisdiction.

 

Take the money and run. It's the only guaranteed winning play.

[gtalum]

I would take 100K at a min...

 

If they sue it will be in Italy where damages are capped at ~$70k.

 

The $14,500 + full reimbursement for all expenses offer is reasonable, and I doubt many will sue for more.

 

They freely stated that this doesn't cover people who were injured or killed in the accident. I suspect those folks or their families will be awarded the full $70k each.

[LHP]

As with most accidents in life,

 

there are those who deserve it,

there are those who will abuse it,

 

and there are those that fall somewhere in the middle.

[Tranquil Waters]

Gross maybe. Pennies on the dollar after the lawyers take their cut.

 

Those pennies can add up when the dollars are big enough.... If the amount is say $100,000.... The lawyers could even take 75% and leave you $25,000 and you would be ahead.

 

But, to me, the net amount is only part of the story. I agree with those who think the amounts need to be large enough to make SURE something like this is unlikely to happen again.

[Hunwolf]

Kudos to Costa for a decent lowball initial offer. It's like throwing chum in the water and seeing if there are any shotgun takers.

 

No different than State Farm offering folks in Alabama $25k for their fully destroyed homes after the April 27th tornadoes. I know...my best friend got such an offer. It didn't work then either.

[2010_cruisers]

...but led to the death of over 36 human beings.

 

:mad::confused::(:(:(

[compman9]

A million euro each is not sufficient.

 

I am disgusted and horrified.

 

There is nothing like GREED is there ..... :rolleyes:

 

Greed is quantifiable only be oneself.

 

I was not on the ship, so it certainly has nothing to do with my own greed.

 

People have died because of the negligence and incompetence of people encharged with their safety.

 

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.

[Tranquil Waters]

Kudos to Costa for a decent lowball initial offer. It's like throwing chum in the water and seeing if there are any shotgun takers.

 

No different than State Farm offering folks in Alabama $25k for their fully destroyed homes after the April 27th tornadoes. I know...my best friend got such an offer. It didn't work then either.

 

Ding..ding..ding! Exactly. Costa is just hoping as many will bite as possible. The fewer they have to compensate adequately - at a later date - the better for them.

[Crusing Nut]

...but led to the death of over 36 human beings.

 

:mad::confused::(:(:(

 

and this offer does not include those deaths!

[compman9]

First this offer is for those who have not suffered any injury.. so let's take all of those who have suffered an injury or trama out of the equation.

 

Second, it states that all expenses are to be reimbursed including:

flight fees

hotel fees

cruise fees

sail and sign cards

luggage

 

Third, if one had purchases and jewelry (which they can prove) onboard, why would you settle for 14,000 grand anyway.

 

If you have been made full by all the expenses being paid, do not have MEDICAL issues caused the grounding, I don't see why one wouldn't accept from $14,000 grand to $25,000. But a $165,000 or a million is just plain ridiculous. It should not matter if you got on the first life boat or climbed down a sheet ladder, you are a survivor. There are some were not.

 

How on earth can someone not on the ship say what an injury would have been to those poor people.

 

There is no satisfactory financial offer.

 

It isn't like crossing the road, and nearly being run over. It is like this most horrific thing that could ever happen. People may feel unaffected for years and then break down.

 

It is very easy to say it is a fair offer if you were not there.

[Crusing Nut]

Now can someone explain to me how if Costa did pay out a million per person how that would guarentee that something like this NEVER HAPPENS AGAIN?

[Crusing Nut]

How on earth can someone not on the ship say what an injury would have been to those poor people.

 

There is no satisfactory financial offer.

 

It isn't like crossing the road, and nearly being run over. It is like this most horrific thing that could ever happen. People may feel unaffected for years and then break down.

 

It is very easy to say it is a fair offer if you were not there.

 

No, a sinking cruise ship is not the worst that could EVER happen. Let us deal with a little reality here.

 

If one is UNINJURED, why isn't it a fair offer? Why would 1 million then be considered sufficent?

[at_nyc]

I thought it was a good offer initially, assuming it includes lost personal effect. Now that it's been clarified that it doesn't include such. I think it's marginal at best. Lowball for many.

 

How much personal effect?

 

It's winter time right now. So most people got their jackets and other "big" clothings in their cabin. But those are small potatos. Just a bit more than summer time.

 

I won't touch the jwerlry part. But something very closely related, electronics:

 

- camera. You're on vacation. So you typically have ALL of your best camera equipment with you. For some, that can easily run into the thousands right there.

 

- computers. These day, most people travel with their laptop. If you have a MacAir, which is the best travel computer bar none, and hugely popular (so probably quite a few people on board had it). That's over a thousand (or two depends on version)

 

- Cell phones. These don't cost thousands. But missing the phone means a lot of thing for many: contact list, saved messages, apps purchased... the list goes on. Nowadays smartphones are computers. So you maybe missing a whole lot of things when that goes missing. The cost of re-purchasing is not big but the time spend doing that is.

 

This last point is the key. For many, time IS money. Having to replace things that are difficult to replace (passport, driver's license -- anyone try to replace their licence without a passport to prove their identity?) takes time. And in some case, it means they have to alter their life while waiting for those to be replaced. They may have to take time off work to do those, which cost them their earnings.

 

Lost earnings... that can be a lot if you're a doctor, which I'm sure there're many on board, for example.

[Tranquil Waters]

Now can someone explain to me how if Costa did pay out a million per person how that would guarentee that something like this NEVER HAPPENS AGAIN?

 

There is no guarantee of course. But the more severely CCL corp and Costa are punished the more likely that they will create a climate of best practice in the future - so that they will not get hit in the pocketbook again. And the pocketbook seems a key deterrent.

[italianfemmy]

Hmmm. If I made it off of the ship in a lifeboat and didn't have any injuries at all...

 

I'd expect all my expenses to be reimbursed and would expect all of my losses to be reimbursed.

 

On my last cruise, I had approx. 19k in camera gear with me. Unfortunately, I can't insure the gear because I live in Florida and they won't cover it due to our risk of storms here. I had it covered when I lived in North Carolina, just fine. Anyway, even then, most policies don't cover the equipment during international travel either...

 

I don't know if any travel insurance would cover or not (something I should look into though.)

 

In addition to the camera equipment, I had medications, clothes, jewelry, about $500 in cash (for tipping and island purchases). Approx. 3,500.

 

So now we're at about $22,500 for personal property. Crap, I forgot the laptop... another 1,800. So, 24,300.

 

My girlfriend had only about 1k in personal property with her. Bringing our combined total to 25,300.

 

Since my girlfriend was with me and this is per person and not per stateroom, (and since we share our money) -the total they'd be offering us combined would be $28,920. This would actually cover our losses and leave us with an extra 3k + for the hassle of me having to go out and re-purchase everything that was lost.

 

So, in my case, I'd settle now. If I didn't have a spouse whom I share my money with that would have subsidized it from her getting way more than her own losses, I might not feel the same way... but who knows since I am not in that position...

 

Overall, I think it's going to be a fair offer for most people. I don't think most people had anywhere near 14k in personal property with them. (But I cannot evaluate the trauma anyone went through either.) So there's that too...

[rs38]

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.

 

Being an American lawyer I'd like to know who has a fee agreement for 50% of the recovery. I've never seen one. While another poster posits that civil lawyers "game the system," my experience has been that this litigation will only make the defense lawyers a lot richer. The procedural issues (venue, arbitration, class certification, etc.) will involve so much time and work that the individual cases will have to be worth high six figures for these cases to be profitable -- relative to the time expended on the litigation -- for the passenger's lawyer.

 

I don't see a class being certified here. There are too many individual issues (i.e., significant variances in damages requiring individualized proof, different levels of emotional distress, etc.). That will make it nearly impossible for the claims of a representative plaintiff to decide the claims of all other passengers.

 

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.

[2010_cruisers]

We didn't walk in their shoes or even swim 150+ yards to safety in some cases. I quit reading when I saw what the lawyers had to say. Its really hard to know how this tragic mess will affect all of those who survived. Uninjured does not mean unharmed.

Uninjured does not mean unharmed, or unaffected

[spiritfox]

Of course it is impossible to really know how you feel unless you have been through something like this. But I am a pretty reasonable person and if I made it into a life boat--along with all of my family--or even if we all had to swim to shore and made it ok--just wet, tired, and without any clothes or belongings. I'd have to think I would still feel pretty lucky. For me, it would seem the compensation offered to those who made it off the ship safe and sound is fair and I would like to think I would take it and be happy. But this is just from my own personal situation--what works for me may very well suck for someone else.:)

[mickey_d_mouse]

Italianfemmy I have read a lot of your posts and have not commented you were not there you have no idea how much personal belongings most of us had with us or what we are coping with now we are at home.

[italianfemmy]

Of course it is impossible to really know how you feel unless you have been through something like this. But I am a pretty reasonable person and if I made it into a life boat--along with all of my family--or even if we all had to swim to shore and made it ok--just wet, tired, and without any clothes or belongings. I'd have to think I would still feel pretty lucky. For me, it would seem the compensation offered to those who made it off the ship safe and sound is fair and I would like to think I would take it and be happy. :)

 

Good perspective! And I would want them to focus on the people who were harmed and the lives that were lost first. And I would still cruise! I almost died in a car wreck and was driving again a couple days later! I hope that the crew is well taken care of too. I understand many of them lost all their savings (which they had in cash in their rooms.. so sad.) And now their jobs too.

[italianfemmy]

Italianfemmy I have read a lot of your posts and have not commented you were not there you have no idea how much personal belongings most of us had with us or what we are coping with now we are at home.

 

You're absolutely right! I said that... I cannot say how much everyone else has to deal with. It seems you lost a lot. I've read your posts too. And it seems like you went through the ringer and back. My heart goes out to you and your family. The way you were treated was unacceptable.

 

Like I said, my own personal belongings way exceed the amount they're offering so if I didn't have a spouse to give me most of their check, I would be suing for more and would be insulted by the offer too.

 

I totally think you should be able to request/ask for/ sue for... whatever amount you think is fair. I was just talking about myself.

 

Best wishes and luck to you and your family in recovering your losses, including from all of the purchases you made before you got on the ship and your 3 weeks of vacationing prior to boarding. Your situation is different... you've been unable to sleep and in my opinion.. you have been harmed (maybe not physically.. but mentally.) I hope it gets easier for you in time.

[mickey_d_mouse]

I have received three emails from the lawyers I spoke to in the UK one for myself one for John and one for Katharine all urging us not to take the deal.

 

I have also been contacted by some of the other survivors who are also wondering what we should do.

 

To me it may all hinge on what they mean by transport costs, when I first saw this in La republica yesterday they were stating around $3000 for each person for the cruise costs and transport. Thats fine for the italians who drive their cars to the port and also get the cruises cheaper than other nationalities. My Transport costs are nearly $10,000US if you include my airfares to Australia + the cost of the emergency ticket home.

 

There are also the medical costs so far these are over $10,000US and the Psychologist I have booked in to see is $225AUD per session, and I am still unsure if John and Katharine may also need to see him.

 

So whilst the idea of getting this over and sone with in 7 days is extremly alluring, I have no idea what to do.

 

I suppose in the back of my mind I think why should I settle whilst others may get so much more, but I dont want to go through some prolonged legal battle that could take years.

 

It may all come down to what they mean by transportation costs, and if we agree and they find my things will I get them back as well, people keep telling me the camera memory cards may still be able to be read even after being in the water so long. Thats the thing I want most we did have a wonderful three weeks before this I want the camera so I can remember the good and forget the bad.

 

PS still needed a little white pill to sleep last night after all of this came into the media and the emails from fellow survivors maybe if I settle I will sleep.

 

Oh and PSS I received a cheque from my Travel agent yesterday for the cost of the cruise.

[Searanger]

This is a fair settlement! This payment is in line with other accidents (such as an airline crash) where one did not suffer injury. Otherwise, wait the 10 plus years (less legal fees) and you might come out with a little more.

 

Everything is negotiable...I would think that if one can prove they lost more in personal belongings (then the standard $3000.00 most insurers calculate) then I would think you could maybe get yourself a bit more if you sign the release.

[mickey_d_mouse]

I did post on the other website so I will keep it short here.

 

To me it may depend on what they mean by transport costs, some news reports state that it is transport to and from the port, some just getting home.

 

Facts

1. Travel insurance will not pay out unless Costa do not pay the amount you can PROVE you had on board, our travel insurance was for $20K in belongings so if I take this travel isnurance pays nothing.

2. Transport costs if it is only emergency transport home I will collect from Costa the $1911.10 that my travel insurance paid and then have to refund it to the travel insurance company.

3. If transport includes my airfares and cars to the airport and the one I paid for to take me back ( whcih I didnt use) + the hotel in Dubai I paid for and didnt use then you are looking at about another $10,000US.

4. So far the cost of my holiday plus what I lost and medical costs so far total around $44,000AUD with the current Euro exchange rate the 11Euro per person = $40,000 + cruise refund of $2,961 ( I already have a cheque for this not cashed as yet) does not cover the cost of my ruined holiday + what I lost

5 However if they also refund me the medical costs and the airfares + emergency airfare I will receive and additional $10,000AUD

 

which would mean I have after returning the money to the travel insurance man $7,000AUD to pay for on going counselling etc.

 

add that to no holiday memories and what we have been through.....