• Costa Concordia Damage Compensation – say no to Class Action!

    Posted on gennaio 15, 2012 by in Costa Concordia, Iniziative legali
    COSTA CONCORDIA DAMAGE COMPENSATION: THE CRUISE PASSENGERS OF THE WRECK AFTER THE SINK HAVE TO SEEK DAMAGES – ACT NOW!

    For passengers of the Concordia ship of the Costa fleet, sank on the island of Giglio, now begins the ordeal of damages, the choice between the possible legal action to activate (civil or criminal) and on the choice of a lawyer’s office to trust.

    We suggest you right now what to do, with a short handbook on how to get the maximum compensation as a result of the disaster of the Costa Concordia, for personal injury, material damages, compensation for ruined vacation, compensation for lost property and items, expenses for transportation, etc.. etc..

    We will tell you why You should NOT go with the Consumers Association, why you should dissociate from the CLASS ACTION and proceed for INDIVIDUAL ACTION FOR ALL THE DAMAGES SUFFERED. The various associations immediately highlighted for the aim of the media scenes, suggesting to let them leadership the case with the best form of compensation to all passengers through the cd. Class Action, which is a unique legal action in favor of a multitude of subjects with common interests, even claiming to have already identified at least € 10,000.00 the compensation which you are entitled!

    We explain why the class action is NOT the best route for you, what to do now to protect your rights and why we can get you to the best compensation possible.

    The cumulative actions or cd. Class Action is advantageous if many subjects for the same reasons must obtain a modest compensation, in the order of a few tens of euros, because you can share the resources of spending in favor of a sentence that has unique and generic average compensation payable to all, being represented by a single lawyer, often with modest judicial experience.

    The damages resulting from the sinking of the Costa Concordia is not the case, do not agree to submit the agreement and receive  an average compensation or generally recognized for all the other passengers! If others get € 10,000.00 on the basis of an agreement of the consumer associations, for certainly the individual who acts in an autonomous way will not be bound by this limited amount, which, indeed, for these will be a minimum compensation of departure!

    We are experts in mediation, the process of a facilitated and alternative dispute resolution, that will certainly be the first and best way to quickly obtain a proposal from the Costa fleet company, and we have law offices with lawyers available online for a first and totally free consultation, in Rome and Fiumicino: we should consider that a competent court for compensation of damages to the passengers of the Costa Concordia, if it comes to a civil lawsuit, will be in Civitavecchia (territorial jurisdiction of Fiumicino) as a port of departure of the ship wrecked out of the island of Giglio.

    PLUS this area of law is complex and there are other rules that apply: the Athens Convention applies to international carriage by sea. So, even if for example, all the Costa contracts made from UK citizens, report a contractual clause articol about jurisdiction,  providing that any action, suit shall be brought in te English Courts and be subjected to English law, the Athens Convenction provides that compensation claims for personal injury and death can usually be brought in the country most favourable to you, wich in this case is certanly Italy. The Costa cruise ticket held online specifies that Italian law should apply. For death cases or personal injuries, Italian law may actually provide for a more accurate remedy that the U.S. General Maritime Law and statutory law, governed by a federal statute called the Death On The High Seas Act (“DOHSA”).  There is no recovery under DOSHA for pre-death pain and suffering or emotional losses of the surviving family members such as grief and bereavement, but  only for financial losses so if the wrongful death cases are filed in the U.S., and the court applies U.S. law, there may be no recovery in certain voice of damages. Yet even if the ticket applies UK or foreign law, and the cases were filed in Italy, there could be recovery under Italian law.  A passenger could conceivably file suit in a more convenient forum, like in UK or in the U.S. and yet receive no recovery in some cases, whereas if the passenger filed suit in a less convenient location in Italy there may be greater recovery in some cases.

    Then there is the matter of the Miami lawsuit class action at Carnival, the parent company of Costa, filed by Proner & Proner lawyers. The parent connection between Carnival and Costa Crociere companies, does not automatically give anyone a basis to sue it in Miami every time one of its subsidiary company’s cruise ships around the world suffer a casualty. There will be severe consequences if they are filing suit in the wrong location or against the wrong party, including the assessment of costs and in attorney fees.

    Relying on consumer associations, trusting foreign law firms or lawyers who are not experts in the area, will inevitably lead to a duplication of legal expenses and compensation of time at your expenses. Please consider also that some big firm around the globe is just passing clients to the Italian consumers’ association, connected with lawyers and italian law firms, trying to collect some enough people to file the class action in Miami for the Concordia shipwreck. They picked Miami as jurisdiction just because they can ask for the maximum share fees for the class action is the American percentage legal system: 40% of the money you’ll get in Miami lawsuit! so, on a class action with them You’ll be giving Your money to the international law office, the consumer’s associations AND the italian law firms.

    We are a law office in Italy (Rome & Fiumicino) formed with a team of fully english-speaking lawyers, expert in compensation damage cases, and practicing in tourism law and travel law, as well as mediation. We handle daily cases in Rome and Civitavecchia for either civil and/or criminal courthouse. Directing a case in Italy requires an italian lawyer as a part of the trial, so even if you already have a trusted lawyer in your country we can coordinate with them and operate on their direction and guide the case through our experience on the Italian national law and court house legal practice.

    The line has not yet officially announced the full compensation package for those onboard the ship during the grounding. On a press conference, CEO Mr. Foschi assured reporters that the line would offer remuneration for the loss of passengers’ personal belongings. As for the “internal stress,” as Foschi put it, he said the line is considering how to address this issue. Costa has revealed compensation packages for travelers booked on Concordia cruises scheduled to depart through February 25. As of now, booked passengers can cancel for a refund and get future cruise credit, or rebook a cruise on another Costa ship.

    WHAT TO DO, some early suggestions:

    1. Make a list of your goods (jewelry, electronic equipment, money, clothes, etc..) lost in the shipwreck.
    2. Retrieve travel documents (voucher email, travel agency etc..) and document any expenses incurred for travel and for repatriation.
    3. For those who have suffered injuries keep copies of medical certificates and expenses, however, as you get home go to your doctor for medical report of anxiety and psychological distress
    4. Please contact our Law Agency office to send instantly and totally free of charge a first letter for the damages request, to the Costa Cruises Company (so-called letter of legal action), which breaks each prescription (there are not 10 days as you might have heard on Tv news, but it is preferable to send as soon as possible notice of your damages in order to effect the legal interests).
    5. In case of injury this shall be subject to criminal legal action within three months after the fact (recommended).
    6.  The whole procedure with our office will take place online, without the need to physically visit our Offices, via email and web video connections, or if you prefer by making an appointment at our offices in Rome or Fiumicino.
    7. We have opened a Chatline for advice on compensation for Concordia wreck

    NOTE: personal presence will not be necessary, unless in rare and special cases; we do not think we will get to a trial anyway, with any probability the settlement will came out from a mediation process, strengthen  up by the crime case and results of the investigations. In this, our office is been authorized to operate  fully online, with special video connections, very easy and convenient to use.

    All the requests, documents and whatever needed will be posted on the website, sent on email messages, or regular mail postal service for the originals.

    We believe that all the passengers will have a right for a PTSD compensation, so it would be a good idea to have a medic counselor report even at Your name.

    In order to proceed in your favor, we think it is urgent to send the claim for damages registered letter, if you already did not do so; this will be out of any charge, as all the rest of our initiatives for You, since we operate on a share agreement base, if you don’t get your money we do not recover our expences and fees, it is as simple as this. We should have copy of the boarding tickets, after that You will recieve from us all the questionnaire forms, a report for, and the share agreement documents.

    Please consider that our office is giving an important effort to collect all the details from the passenger’s and the authorities, in order to submit a criminal lawsuit for all our clients, since we believe that this will be the best and more effective key to open the way to the truth on what happened and to the company’s funds for a remarkable compensation.

    We are confident that You will trust especially our loyalty to Your best interests.

    Contact us now, no charge commitment, free consultation, immediate answers!

    Hot line      +39 347 2619340 info@agenzialegale.net
    Fiumicino  +39 06 89019172
    Rome           +39 06 39741015

    Leave a comment for more information and to be contacted free of charge, or to ask for our info’s files.


     

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22 Responses so far.

  1. Michael E. scrive:

    me & my wife & kids were on the Concordia from Sweden, and we agree that we won’t apply for the class action, could you send us some more info’s? we gave on the departure site a blank check for 2.000,00 euro as account for the expences onboard, what will happend now?

    • staff scrive:

      we just send you our info email handbook, please reply with the copy of Your contract with the Costa Company. Call Your bank and stop the payment for your check, you can declare it as a lost check on the shipwreck. As for now we think that all the cruise payment still on hold(credit cards and checks) will not be filed

  2. Baker@aol.com scrive:

    Baker from UK, thanks for your support, we would like to sign for the first letter, could we possibly call us for better details?

  3. J.R and M.R scrive:

    Hi sir,
    We are forwarding all our information that we were On the costa Concordia cruise ship.
    For you to log our claim.

    • staff scrive:

      We received Your email and the attached cruise information.

      We will file immediately Your position and forward an email with a small questionnaire form, in order to define your exact ranking in the case and send a first letter to the Costa Crociere Company, as a general claim for all damage compensation at Your name.

  4. Dinah Carver scrive:

    ve been looking everywhere for this! Thank goodness I found it on Bing. You have made my day! Thx again
    Pingback to my blog

  5. mandy rodford & john rodford scrive:

    thank you for logging our claim for the costa concordia, you have been dealing with my husbands email address artisantiling@aol.com
    kind regards
    Mandy

  6. Mick scrive:

    Dear Sir/Madam
     
    I have seen your website about individual claims against Costa/Carnival.
     
    My company has much expertise in marine investigations and we can assist and support you to make a very strong case.
     
    I attach a brochure. Our website contains much more detail.
     
    I would be please to discuss at your convenience.
     
    Kind regards

  7. seo scrive:

    I actually planned to discuss your blog post is incredibly realistic. I opt to hear something totally new within United states during this matter so this specific helps everyone plenty. I was able to a good look about the topic plus noticed a great a number of blogs but in contrast to that. Thank you for revealing so much inside http://www.agenzialegale.net

  8. R.R. and K.R scrive:

    We talked with the biggest NY law firm, which is filing a class action and will ask 150,000 USD for each person onboard, is that really the amount they are asking in Italy too?

    • staff scrive:

      Our initial line of claim is NOT to ask for a certain amount, since we are not obliged to do so in the registered letter.

      Please read our detailed article about the vantage of the single action compared to the class action; the general settlement reached in the class action will be the base for our claim, since we will proceed to get further and more detailed damage compensations referred to the single case. The general amount will come from the settlement with Lloyd’s of London, or by the base offer from Costa Crociere, but we are very far from knowing if it will be 10.000,00 or 150.000,00 for each one of the passengers, so You should not trust big numbers for now, they just try to get your case, but they cannot predict the base damage compensation for now.

      Please consider also that some big firm is just passing clients to an Italian consumers’ association, connected with lawyers, trying to collect some enough people to file the class action in Miami for the Concordia shipwreck. They picked Miami as jurisdiction just because they can ask for the maximum share fees for the class action is the American percentage legal system: 40% of the money you’ll get in Miami lawsuit! so with them You’ll be giving Your money to their office, the consumer’s association and the italian law firms.

      • R.R. and K.R scrive:

        Would You please give us some advice about the Costa Crociere offer we received an email talking about 11.000 euro or 14.000 and what will be the possibility of acting for a difference after the acceptance?

  9. MSS scrive:

    I was an employee onboard, can you send some more information about our position?

  10. staff scrive:

    We can take care of your position if you did not sign the employers settlement yet, please fill the information form

  11. MB scrive:

    Hi,

    Could you please send me information on what your plan is with Costa there were three of us on the cruise, however we had already spent three weeks in Europe 11 days of that on another Costa cruise, so the amount of goods plus the cost of our trip is over AUS $60K.

  12. F.D. scrive:

    About the Costa offer proposal we received by email, do you think it will be possible to have an add for our expenses if we provide credit card docs and other formal receipts?

    • staff scrive:

      Costa is proposing a closure of compensation in a indistinct and vague form to each person, making available a sum as a “package” of 11,000 + 3,000 euros per passenger. So accepting the proposal is making your choice with a waiver of any further claim or to determine exact (more or less) of amounts due. We believe that the offer is, in many cases, truly outrageous compared to the drama of the event, personal property lost and the many emotional repatriation expenses, ID cards, PTSD, etc…
      WE BELIEVE THAT TROUGH A PRIVATE MEDIATION PROCESS WILL BE POSSIBLE TO REOPEN A WAY TO ADD MANY VOICES TO THE ORIGINAL OFFER

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