Tourism & Cruises

  • Logout
  • Member Center

Costs concordia disaster

Settlement offered to Costa Concordia shipwreck survivors

 

Passengers who suffered no physical injury from the grounding of the Costa Concordia are being offered a settlement of about $14,500. Lawsuits filed Friday put that figure in the shadows.

hsampson@MiamiHerald.com

Schettino, who is under house arrest, deviated from the ship’s charted course to bring the Concordia closer to the tiny island of Giglio, gashing the hull on a reef a few hundred meters offshore. He has said the reef wasn’t on his nautical charts.

While Costa said the settlement proposal was the result of negotiations with consumer associations, several attorneys said they would not advise passengers to accept it.

“Woefully inadequate,” said Jack Hickey, a Miami-based personal injury attorney who specializes in maritime law.

Hickey is representing a family of four who survived the wreck and said he is seeking a settlement that is “many, many multiples more” than the Costa proposal.

Experts say a fair amount for uninjured survivors would be much higher than the offer.

Miami maritime lawyer Charles Lipcon said that based on his decades of experience, a fair settlement for someone without an attorney would be $60,000 plus the cost of the trip and therapy.

Paul Hedlund, a Los Angeles attorney specializing in mass disasters, said he believes the minimum value should be $100,000 based on cases he’s worked on, though that would likely include attorney’s fees that can amount to as much as a third of an award.

Even though Carnival Corp., which owns Costa, is based in Miami, passengers who want to file suit in U.S. courts will likely face challenges. That’s because fine print on tickets purchased and signed by the 3,000-plus passengers before the ship capsized includes a “choice of forum” clause stating that lawsuits must be filed in Italy.

Maritime law experts say that similar attempts to sue in the U.S. despite these clauses have been turned away by the Supreme Court and that the expense of filing a lawsuit in a foreign court has deterred many plaintiffs in the past.

Bob Jarvis, who teaches maritime law at Nova Southeastern University, said he believes Costa will try other ways to avoid legal action.

“Of course they’ll try to scare people by saying, ‘Look, it’s going to be years of litigation,’ and it probably will be. And they’ll also try to scare people by saying, ‘The lawyers are going to take a large share of whatever recovery there is.’ That’s also true,” he said. “But plaintiffs would do much better to reject this offer. It’s obviously an opening proposal by Costa and that number is going to go up over time.”

Miami Herald staff writer Douglas Hanks contributed to this report, which was supplemented with information from The Associated Press.

dealsaver
The Miami Herald: Subscribe now!

More from
Tourism & Cruises

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

We have introduced a new commenting system called Disqus for our articles. This allows readers the option of signing in using their Facebook, Twitter, Disqus or existing MiamiHerald.com username and password.

Having problems? Read more about the commenting system on MiamiHerald.com.

Hide Comments

This affects comments on all stories.

Cancel OK
0 comments

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category