By any measure, the sinking of the Costa Concordia off the coast of Italy on Jan. 13 was a human tragedy. At least 11 passengers died and many others suffered serious injuries due to the careless and negligent actions of the captain — who now faces a host of criminal charges — and the crew.

But the U.S. passengers who survived the disaster face a legal nightmare as well. Because of the documents they signed just before boarding the ship, they have virtually no chance to argue their case in court or to receive financial compensation for their losses.

That’s because the Italian cruise line company includes a “choice of forum” clause in the fine print of its ticketing documents that any lawsuit needs to be filed in Italy, not the United States. That makes a huge legal difference in how wrongful death, personal injury and other negligence cases are handled.

First of all, the Italian court system does not allow contingency fees in these types of cases. In addition, a plaintiff is required to post a bond of 10 percent of the expected damage award simply to file the lawsuit. That means a Costa Concordia passenger who could expect a $2 million damages award, based on similar cases in the United States would need to post $200,000 right at the start and pay an Italian law firm $200,000 to $300,000 in fees over the next four or five years before the case could even go to a jury.

While the passenger may well prevail in court, based on the reported negligence of the captain and crew, very few people can afford to spend $500,000 or more in a protracted legal battle. That means the U.S. passengers and their families basically have no recourse in this tragedy.

In contrast, the U.S. justice system allows virtually any American to hire an attorney on contingency. The plaintiff does not have to spend thousands — all it takes is a $250 filing fee.

For those of us in South Florida who travel outside the United States, it’s important to understand that many other countries in Europe, the Caribbean and Latin America have similar laws that make it difficult to file lawsuits in negligence-related cases. If the unthinkable occurs — a child’s drowning in a hotel pool, a crippling watercraft accident at a Caribbean resort or an outbreak of a dangerous virus on a cruise ship — the choice of forum makes a huge difference in the legal outcome.

Therefore, you have to be sure to read the fine print before signing your passenger ticket for a cruise. If you purchase your ticket through a travel agent, be sure you see the actual documents prior to departure — and send an email to the agent to document that request.

When you come to the choice of forum clause in your ticket, take out your pen and cross out a few words, such as “I agree to…” and hand the documents back to the boarding agent. While the agent has the right to deny you from boarding, most likely you will still be ushered aboard.

Then, if a tragedy does occur, you have a strong argument for filing your case in the United States, and receiving a fair and equitable outcome.