Costa Concordia: Too Soon To Know Extent Of Damage Lawyer Warns Following Worrying Compensation Offer
Cruise law experts at Irwin Mitchell Solicitors have advised passengers today from the Costa Concordia, not to accept settlement offers of merely €11,000 reportedly being offered to victims following their ordeal.
The advice came after Costa Cruises, part of the US-base Carnival Group had reportedly “agreed” the figure following discussions with a number of Italian consumer groups.
Head of International Travel Litigation at Irwin Mitchell, Clive Garner who is currently representing dozens of passengers from the Costa Concordia is urging victims not to accept the proposed offer, describing it as been made ‘far too early’; the tragic incident happened less than two weeks ago resulting in at least 16 people losing their lives (as of 27 January 2012).
Clive Garner said: “Our clear advice and that of our colleagues in Italy and Spain is that these offers should not be accepted.
“All of the passengers that we represent are continuing to suffer symptoms of post traumatic stress disorder (PTSD) following their ordeals. From experience of many other similar disasters it is far too early to determine the likely duration of these symptoms and the effect they will have on the quality of life of the victims and their families.
“Severe cases of PTSD can have life changing consequences and it will take time for the full effects to be known.
"We are also investigating the value of other aspects of our client’s claims and it is totally premature for offers of settlement to be accepted. We fear that by accepting offers now, victims may be severely undercompensated for what they have suffered.
“Whilst we are pleased to see that the owners and insurers of the ship are seeking to resolve claims quickly we invite them to enter into sensible negotiations with us with a view to agreeing the method by which each of our clients can have their claims dealt with fully and fairly.
“We want to work with the ship owners on behalf of our clients but we need to make sure that the true impact of all of the injuries sustained is fully taken into consideration and that all losses are properly compensated. A knee-jerk offer which simply sees everyone as just a number, failing to consider each person and their needs, is not the way to approach this and could leave victims massively under compensated for their loss and suffering.”
As the investigation into the incident continues Garner said: “There is a long list of unanswered questions about the causes of the Costa Concordia disaster.” Garner and his firm have previous experience involving cruise disasters having acted for the families and victims of those killed during the Herald of Free Enterprise (Zeebrugge) disaster in 1987 in which 193 passengers and crew died; the Marchioness disaster in 1989 which left more than 50 passenger dead and the capsized Al Dana Dhow in 2006 off the coast of Bahrain which caused the death of nearly 60 passengers and crew.
Garner said: “All of these disasters could and should have been avoided. As well as financial settlements for the victims, the investigations into each of these tragedies lead to calls for better regulation and important safety improvements for the design and management of vessels have been made as a result. But rather than reacting after an accident has occurred we want the regulators including the IMO to be more proactive in improving safety to avoid deaths and serious injuries rather than merely learning lessons after disasters like these have occurred. “
‘The fact is that the regulations are struggling to keep up with the dramatic increase in size of ships which now carry more people than a small town every week and there has to be an urgent review to reassure all cruise passengers for the future that cruise travel can and will remain a safe way to holiday.”
Garner also said the Concordia’s sister ship, the Costa Europa’s recent incident in February 2010 also raised questions. The Costa Europa collided with the quayside at Sharm El Sheikh, during the incident three members of crew were killed and several passengers injured. Both of the ships are part of the Costa Cruiseline, which is part of the giant Carnival Corporation.
Garner added, “Further questions will also need to be asked about the Cruise line's recent safety record, including the adequacy of its safety procedures and its training of crew to deal with onboard emergencies."