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

[mickey_d_mouse]

problem at the moment is that you need to receive a settlement offer from Costa to accept it and they dont even seem to be able to get that right......:confused:

 

Especially when you live on this side of the world and have to deal with the Shanghai office who struggle to understand and be understandable in english most times.....................

[ducklite]

problem at the moment is that you need to receive a settlement offer from Costa to accept it and they dont even seem to be able to get that right......:confused:

 

Especially when you live on this side of the world and have to deal with the Shanghai office who struggle to understand and be understandable in english most times.....................

 

Not receiving an offer in a timely manner will be a very good bargaining chip for you as things progress. And don't forget, you have the press on your side. That too can be a strong ally. If I were you for now I'd do two things. Seek legal counsel to inform you of your rights, and hold tight. You lost far more than you are being offered, you are entitled to get back everything you've lost, plus a tidy sum for your terrifying experience. Costa's current offer is low ball and they know it. It's probably for the best that it hasn't reached you yet.

[Cuizer2]

Not receiving an offer in a timely manner will be a very good bargaining chip for you as things progress. And don't forget, you have the press on your side. That too can be a strong ally. If I were you for now I'd do two things. Seek legal counsel to inform you of your rights, and hold tight. You lost far more than you are being offered, you are entitled to get back everything you've lost, plus a tidy sum for your terrifying experience. Costa's current offer is low ball and they know it. It's probably for the best that it hasn't reached you yet.

 

And you know all of this how? :confused:

[ducklite]

And you know all of this how? :confused:

 

Like I suggested, she should seek legal counsel. If Costa hasn't made her an offer, she can't accept it, and they can't then say she gets nothing because she didn't accept. If anything their lack of diligence gives her a stronger bargaining chip.

 

Just like with anything, he who speaks first, loses.

 

And you don't for one minute think the International press would gobble this up? CCL's corporate communications department must be about ready to slit their wrists by now.

[Cuizer2]

Not receiving an offer in a timely manner will be a very good bargaining chip for you as things progress. And don't forget, you have the press on your side. That too can be a strong ally. If I were you for now I'd do two things. Seek legal counsel to inform you of your rights, and hold tight. You lost far more than you are being offered, you are entitled to get back everything you've lost, plus a tidy sum for your terrifying experience. Costa's current offer is low ball and they know it. It's probably for the best that it hasn't reached you yet.

 

Like I suggested, she should seek legal counsel. If Costa hasn't made her an offer, she can't accept it, and they can't then say she gets nothing because she didn't accept. If anything their lack of diligence gives her a stronger bargaining chip.

 

Just like with anything, he who speaks first, loses.

 

And you don't for one minute think the International press would gobble this up? CCL's corporate communications department must be about ready to slit their wrists by now.

 

I would like to know how you know what I have highlighted.

 

Whether or not she receives an offer means nothing. If she received and offer and rejected or never received an offer means nothing in future negotiations.

 

The jury that will be picked will be chosen for its lack of knowledge of this incident. That is what voir dire is for. Thus having the press on her side will mean nothing in trial.

 

How do you know she lost far more than what she has been offered?

 

About that tidy sum, what is that based on - your opinion? I doubt that you will be called as an expert in this case by her lawyer (if she gets one).

 

Lets take a look at Costa's offer. Assume a couple spent $2,000 for the cruise and $3,000 for the airfare. Add in $1000 for lost clothing, $2,000 for lost electronics and $1,000 for other things (hotel, food ...). That totals $9,000. The offer is over $28,000 and since there is no attorney, this all goes to the family that accepts the offer. $19,000 for someone who is not injured and gets to put this behind is worth considering.

 

So you are offering legal advise on things you know nothing about. The only thing you said that makes sense is to discuss this with legal counsel.

[Cuizer2]

If you like insulting articles, you will love this one ...

 

http://www.waltonsun.com/news/chicken-8349-columbia-concordia.html

[ducklite]

I would like to know how you know what I have highlighted.

 

Whether or not she receives an offer means nothing. If she received and offer and rejected or never received an offer means nothing in future negotiations.

 

The jury that will be picked will be chosen for its lack of knowledge of this incident. That is what voir dire is for. Thus having the press on her side will mean nothing in trial.

 

How do you know she lost far more than what she has been offered?

 

She previously posted about a number of items she had purchased while on their month long vacation that went down with the ship. I want to recall it was well over $10K Australian. Those items are not replaceable without revisiting the places they were purchased. Costa should give them the opportunity to do so, they need to make them whole.

 

I'm not even talking about a trial, I firmly believe that Costa will come back with a better settlement offer, they'd be fools not to.

 

About that tidy sum, what is that based on - your opinion? I doubt that you will be called as an expert in this case by her lawyer (if she gets one).

 

After her losses, there's nothing left in what they are offering.

 

Lets take a look at Costa's offer. Assume a couple spent $2,000 for the cruise and $3,000 for the airfare. Add in $1000 for lost clothing, $2,000 for lost electronics and $1,000 for other things (hotel, food ...). That totals $9,000. The offer is over $28,000 and since there is no attorney, this all goes to the family that accepts the offer. $19,000 for someone who is not injured and gets to put this behind is worth considering.

 

That poster lost far more than that. $1000 in lost clothing? Maybe if you shop at the second hand shop. My camera would cost $5000 to replace. The clothing I'm bringing on my next trip would be around $6000 to replace. My suitcase alone would cost $500 to replace. That's my stuff. It doesn't bring my husband into it.

 

So you are offering legal advise on things you know nothing about. The only thing you said that makes sense is to discuss this with legal counsel.

 

Not offering legal advice other than to contact a lawyer. The rest of it is my personal perspective.

[sylmack]

 

Lets take a look at Costa's offer. Assume a couple spent $2,000 for the cruise and $3,000 for the airfare. Add in $1000 for lost clothing, $2,000 for lost electronics and $1,000 for other things (hotel, food ...). That totals $9,000. The offer is over $28,000 and since there is no attorney, this all goes to the family that accepts the offer. $19,000 for someone who is not injured and gets to put this behind is worth considering.

 

 

My understanding is that the cruise cost is going to be refunded in full independent of the $14K as well as airfare and any costs related to getting back home. So basically isn't the $14,500 each to cover lost possessions, loss of enjoyment of the cruise and trauma ?

 

As well, I believe I read (on CC news) that Costa is offering counselling to anyone that requests it.

[mickey_d_mouse]

I would like to know how you know what I have highlighted.

 

Whether or not she receives an offer means nothing. If she received and offer and rejected or never received an offer means nothing in future negotiations.

 

The jury that will be picked will be chosen for its lack of knowledge of this incident. That is what voir dire is for. Thus having the press on her side will mean nothing in trial.

 

How do you know she lost far more than what she has been offered?

 

About that tidy sum, what is that based on - your opinion? I doubt that you will be called as an expert in this case by her lawyer (if she gets one).

 

Lets take a look at Costa's offer. Assume a couple spent $2,000 for the cruise and $3,000 for the airfare. Add in $1000 for lost clothing, $2,000 for lost electronics and $1,000 for other things (hotel, food ...). That totals $9,000. The offer is over $28,000 and since there is no attorney, this all goes to the family that accepts the offer. $19,000 for someone who is not injured and gets to put this behind is worth considering.

 

So you are offering legal advise on things you know nothing about. The only thing you said that makes sense is to discuss this with legal counsel.

 

Cuizer I have been very open with people on the Costa Forum with what I have lost so this information is for me in person.

[mickey_d_mouse]

My understanding is that the cruise cost is going to be refunded in full independent of the $14K as well as airfare and any costs related to getting back home. So basically isn't the $14,500 each to cover lost possessions, loss of enjoyment of the cruise and trauma ?

 

As well, I believe I read (on CC news) that Costa is offering counselling to anyone that requests it.

 

Finally received the compensation offer letters today, have not received a response to my travel expenses and medical expenses claims as yet........

 

What Sylmack has said is what Costa have said publically lets see what they come up with for real.

 

Will keep you all posted with as much detail as I can and I am allowed.

[mickey_d_mouse]

I would like to know how you know what I have highlighted.

 

Whether or not she receives an offer means nothing. If she received and offer and rejected or never received an offer means nothing in future negotiations.

 

The jury that will be picked will be chosen for its lack of knowledge of this incident. That is what voir dire is for. Thus having the press on her side will mean nothing in trial.

 

How do you know she lost far more than what she has been offered?

 

About that tidy sum, what is that based on - your opinion? I doubt that you will be called as an expert in this case by her lawyer (if she gets one).

 

Lets take a look at Costa's offer. Assume a couple spent $2,000 for the cruise and $3,000 for the airfare. Add in $1000 for lost clothing, $2,000 for lost electronics and $1,000 for other things (hotel, food ...). That totals $9,000. The offer is over $28,000 and since there is no attorney, this all goes to the family that accepts the offer. $19,000 for someone who is not injured and gets to put this behind is worth considering.

 

So you are offering legal advise on things you know nothing about. The only thing you said that makes sense is to discuss this with legal counsel.

 

PS the cruise cost was over $2000 per cabin. Clothes are expensive in Australia remembering this cruise alone went from Winter in Italy to nice weather in Barcelona without the rest of my 3 weeks in Europe, my camera is worth over $2000 without my mobile phone, computer and my daughters electronics, you must travel a hell of a lot lighter than I do.

[mickey_d_mouse]

If you like insulting articles, you will love this one ...

 

http://www.waltonsun.com/news/chicken-8349-columbia-concordia.html

 

wow he wants people to hate him doesnt he

[mickey_d_mouse]

She previously posted about a number of items she had purchased while on their month long vacation that went down with the ship. I want to recall it was well over $10K Australian. Those items are not replaceable without revisiting the places they were purchased. Costa should give them the opportunity to do so, they need to make them whole.

 

I'm not even talking about a trial, I firmly believe that Costa will come back with a better settlement offer, they'd be fools not to.

 

 

 

After her losses, there's nothing left in what they are offering.

 

 

 

That poster lost far more than that. $1000 in lost clothing? Maybe if you shop at the second hand shop. My camera would cost $5000 to replace. The clothing I'm bringing on my next trip would be around $6000 to replace. My suitcase alone would cost $500 to replace. That's my stuff. It doesn't bring my husband into it.

 

 

 

Not offering legal advice other than to contact a lawyer. The rest of it is my personal perspective.

 

Ducklite you should change you name to duck excess baggage like me ;), people joke with me that the reason the ship sank was becuase my luggage was too heavy thanks for your advice

[oceanwavegirl]

My understanding is that the cruise cost is going to be refunded in full independent of the $14K as well as airfare and any costs related to getting back home. So basically isn't the $14,500 each to cover lost possessions, loss of enjoyment of the cruise and trauma ?

 

I am quoting the offer here by Costa not the writer quoted

again and I think it basically sux

hmmmm.....it just doesnt ring fair in my mind ??

Loss of enjoyment of the cruise ??? How about loss of enjoyment for anything again !!!

gee

 

To me it seems like an insulting deal and thats my opinion cheapstakes are COSTA ... I know whats right and whats wrong in my heart of hearts.

As others say no monies can make up for some things

and as someone plainly said ...who would know.. but the terror of the people involved, ? I saw the faces of those folks all huddled together in a church

and those who had to go by watching people dead and floating by

and JUMPING OFF A SHIP this wasnt any ordinary old accident where at the end the company says oh ok heres a few grand for this and a few thous for that and you will all be ok.

Because isnt that what COSTA are really saying with this pitifull offer OH you werent "REALLY" affected we will throw 14000 dollars your way here CATCH !!!!!

 

This isnt just some old accident where the ship got them all back to safety

There seem to be alot of moral ramifications attached and owed to the passengers and crew by Costa

 

 

I pray for the safety for all those that love and cruise the oceans. Just a pity some of the companies that are cruising them are a bit crummy now : ((

[oceanwavegirl]

QUOTE: Actually, sidari reminded me why Costa made such a low ball offer. Because there're people like him who didn't know what else they could do but to accept the first offer.

 

 

well true enough Costa estimate some people who might not know what to do and who will for sure accept their offer at this stage....

and Costa are trying to grab at straws at this point in time

 

 

I somehow have a feeling this will all end up in Italy where the accident took place ??

 

and it will go on for years ......??

[sylmack]

I think people need to step back a bit and realize most on this particular cruise did not travel half way around the world as Michelle did.

 

The vast majority were Italians who did not fly to begin the cruise and probably were back home in their beds the night after the sinking. They did not deal with lost passports, embassies, hotels, or trying to get flights home. So I am just thinking maybe the first offer is based on getting these ones out of the way.

 

Accepting the offer or not is a personal choice based on your inconvenience, your losses and your current state of mind.

[Canadian Karebear]

QUOTE: Actually, sidari reminded me why Costa made such a low ball offer. Because there're people like him who didn't know what else they could do but to accept the first offer.

 

 

well true enough Costa estimate some people who might not know what to do and who will for sure accept their offer at this stage....

and Costa are trying to grab at straws at this point in time

 

 

I somehow have a feeling this will all end up in Italy where the accident took place ??

 

and it will go on for years ......??

 

I agree that it seems a paltry amount, but the cruise line has to throw it out there, like a small worm in a big pond, see who bites.

 

They have alot of people to consider here, and want to weed out the ones they believe will just take the money and walk away.

The rest of the poor passengers will wait for their proper compensation how they see it. I'm not sure how you put a dollar amount on suffering and nightmares.

It's a strategic business move for them.

I just can't imagine what they went through.

My heart goes out to all that are victims of this horrible event.

[Keel Haul]

Ducklite you should change you name to duck excess baggage like me ;), people joke with me that the reason the ship sank was becuase my luggage was too heavy thanks for your advice

Madam one of the first post I read of your include praise for the crew that says a lot about you.

Ducks advice is good.I would only add that your holiday is meant to be a pleasant and rewarding experience.I would argue that this disaster has ruined your total holiday including the other cruise you went on and the land based part of your holiday.Like duck said take advice.

[Cuizer2]

The rest of it is my personal perspective.

 

Which you have post as facts, not as your opinion.

[Cuizer2]

My understanding is that the cruise cost is going to be refunded in full independent of the $14K as well as airfare and any costs related to getting back home. So basically isn't the $14,500 each to cover lost possessions, loss of enjoyment of the cruise and trauma ?

 

As well, I believe I read (on CC news) that Costa is offering counselling to anyone that requests it.

 

This just makes Costa's offer better. Some may find the offer worth considering.

[Cuizer2]

Finally received the compensation offer letters today, have not received a response to my travel expenses and medical expenses claims as yet........

 

What Sylmack has said is what Costa have said publically lets see what they come up with for real.

 

Will keep you all posted with as much detail as I can and I am allowed.

 

It is up to you. If the offer is worth considering - consider it. If it is not, then don't consider it. You also might want to make a counter offer to Costa. The worst Costa can do is say no.

[Pushka]

What is on the cruise contract will get thrown out the door once negligence is proven.

 

 

Sent from my iPhone using Tapatalk

[mickey_d_mouse]

Had to redo the reimbursment form as they wanted everything seperate for each of us including Katharine.

 

We have been given a deadline of the 17th of February to accept the 11,000 euro offer.

 

There was no gag order on the offer ;)

[at_nyc]

I think people need to step back a bit and realize most on this particular cruise did not travel half way around the world as Michelle did.

 

The vast majority were Italians who did not fly to begin the cruise and probably were back home in their beds the night after the sinking. They did not deal with lost passports, embassies, hotels, or trying to get flights home.

That's a good point.

 

Though quite often, people who travel short distance might also brought more personal item than traveler from far away. For example, if I'm flying half way around the world, I'm not bringing my laptop! But if I'm just driving 2 hrs, I'm taking maybe my 15" screen laptop! So I'm not sure the Italians feel any less inconvenienced than those from Canada.

 

As for the trauma, that's very personal, varies by individual.

 

So I am just thinking maybe the first offer is based on getting these ones out of the way.

Exactly!

[Keel Haul]

Thank you. US Courts seem to lean in favor of the Plaintiff when the behavior of the defense has been so egregious as to offend the common man. I can't imagine that any judge isn't going to offer some leeway towards the Plaintiffs where that option exists in this case. I have read some other case law where not only a change of venue was successfully argued, but also a plaintiff prevailed against a cruise line due to gross negligence.

 

As I said in a post a couple of weeks ago, once you are able to add the word "gross" or "criminal" in front of negligence, the rules of court tend to sway towards a plaintiff.

 

If a plaintiff slips and falls on a wet deck, they don't have much of a case, as a reasonable person would assume that the deck of a ship could be wet and take precautions as a result.

 

However a plaintiff does have the right to expect that there won't be a rusty razor blade in the bed sheets, and if they are cut on that foreign object and get a systemic septic infection or tetnus that leads to hospitalization and threat of amputation, they certainly have a case for gross negligence against the line.

 

One other thing to consider.

 

It's possible that the Plaintiffs can put a spin on this to bypass the cruise contract entirely, and instead bring the suit against Carnival Corp (NYSE ticker symbol CCL) for negligent hiring practices or complex litigation intent on unraveling how the corporation is structured specifically to shield CCL from lawsuits based on what they know to be deficient internal practices and a corporate culture that lacks proper oversight of the operations of it's subsidiaries, thus creating an atmosphere of deceptive and dangerous practices with a reasonable expectation of resulting illness, injury, or death to customers.

 

A wide sweeping cause of action on that theory could potentially allow anyone and everyone who got a splinter from a deck chair or was stricken with Noro on a CCL ship to join the action. The number of possible plaintiffs is staggering.

 

Often a plaintiff can back a defendant into a corner where they'll settle rather than face a long, very expensive, and possibly not defensable cause of action. That's actually what most Class Action Suits do, very few actually go to trial, they settle either before or during a mediation process.

 

After reading the CVSSA--the actually bill that passed the House and Senate, not someone's recap on a web site--I'm not sure any of it is applicable to this incident.

Duck these two articles may interest you re Italian law and corporate manslaughter http://www.ft.com/cms/s/0/a0c8967a-6917-11e0-9040-00144feab49a.html#axzz1lcN0m7js

http://www.ft.com/cms/s/0/b7d2687c-4374-11e1-9f28-00144feab49a.html#axzz1lcN0m7js