Costa Concordia Survivors Face February 12th Deadline!
There is a lot of talk in the media about so-called "class action" lawsuits, arising out of the Costa Concordia cruise disaster, seeking hundreds of millions of dollars in compensation and other far fetched claims. Most of these exaggerated claims are being made by lawyers who have absolutely no experience handling maritime claims.
What is not being discussed in the media is that the Costa Concordia survivors are facing a deadline as early as the end of this week. The deadline pertains to the passenger's claim for their lost luggage, clothing, electronics, jewelry and other personal effects.
According to the terms of the Costa Cruises passenger ticket, passengers must provide written notice to the company identified in the ticket for all claims other than physical or emotional injury,
illness or death within thirty (30) days of the incident. Here is the pertinent language:
" . . . The Carrier shall not be liable for any claims whatsoever, other than for physical or emotional injury, illness or death of the Passenger, unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within thirty (30) days after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within thirty (30) days thereafter. No legal proceeding whatsoever, other than for personal injury, illness or death, shall be maintainable in any event unless filed within six (6) months after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within six (6) months thereafter, and unless valid notice or service is effected upon the Carrier within 120 days after commencement of the proceeding." (emphasis added)
Thirty days from the January 13th incident is next Sunday, February 12th. All passenger intending to make a claim for their personal belonging must send a "written notice of the claim with full particulars" and deliver it to the carrier identified in the passenger ticket, or its duly authorized agent, within the next week.
If you don't send the notice in timely and to the correct company, the passengers risk not satisfying one of the "conditions precedent" necessary before a lawsuit can be filed.
The fact that Costa has offered 11,000 Euros (around $14,600) for a settlement does not extend a passenger's obligation to provide the required notice within 30 days.
The deadline again is Sunday, February 12, 2012.
If you need assistance in sending the notice to the correct company and correct address, do not delay. We will be pleased to assist you free of charge in sending the property damage notice in.
Our firm and our co-counsel, Glenn Holzberg, are also assisting about two dozen passengers who suffered physical and / or psychological injuries during the Costa Concordia disaster.
Unlike many non-maritime lawyers rushing to file suit in the U.S. (and are probably filing suit in the wrong jurisdiction), we are recommending patience to our client once they send in the necessary notices to the cruise line. We will be negotiating directly with the cruise line to obtain fair compensation for those who have suffering emotional or physical injuries. We are not charging a fee on any portion of the first $14,600 obtained by our clients. All passengers are offered this amount and it would not be fair to obtain a percentage of what is already offered.
Claims for emotional anguish and personal injury and death must be filed within one year, and require a notice letter being sent within 6 months.
Claims for property losses must be filed in six (6) month for the date of the incident, after the aforementioned notice letter sent within 30 days.
If you are confused about whether to accept the Costa $14,600 offer, or need assistance preparing the correct forms, please send me an email jwalker@cruiselaw.com or give us a call.
the ship at the time of the wreck. Those who were injured, as well as those with wrongful death claims, may be able to collect multiple times that amount."
72 football fields . . .
everywhere. No wonder the cruise lines seem to have a problem with norovirus outbreaks.
"It’s not something you like to think about but just like on land, crime too happens on cruise ships, too. This week’s news has been about the George Smith case, a man who disappeared on his honeymoon cruise back in July 2005, aboard Royal Caribbean’s Brilliance of the Seas. A follow-up “Overboard” will be on NBC’s Dateline this Friday night.
Last year started out with a bang. Our firm represented a seriously injured crewmember in a case against Royal Caribbean. Our client sustained a debilitating back injury, underwent an unsuccessful surgery, and needed a second surgery which the cruise line refused to provide. In January, a three member arbitration panel found that Royal Caribbean's refusal to provide the surgery "lacked any reasonable defense" and awarded the crewmember $1,250,000. You can read the decision
tried to end the case based on a "liability waiver" which passengers are required to sign before participating in FlowRider activities as well as rock climbing, skating and other activities. Liability waivers are illegal in maritime cases. To our surprise the court granted the cruise line's motion, notwithstanding a federal statute clearly stating that liability waivers on the high seas are unenforceable.
The saddest article and the most facebook "likes" for a single article:
Most negative reaction to an article:
Over 95 percent of our firm's clients live out side of Florida. If you have a question about an accident on a cruise ship, send us an email. You can reach me directly:
We will send you four documents.
Archer, a cruise fan and columnist who writes for the Telegraph Travel. Her puff piece article
included lifting heavy bins of food and equipment. Although some of the bins weighed in excess of 100 pounds, Carnival refused to provide him with a dolly to assist him in loading and unloading the bins.
perished, mostly women and children. The international press is calling the tragedy the Russian Titanic.
Carnival cruise passenger Robert McGill, aged 57, admitted killing his wife of five years, Shirley McGill, after an argument during a five-night cruise aboard the Elation to Cabo San Lucas in July 2009. I blogged about this bizarre case last year -
needed a blood transfusion in Montego Bay, allegedly causing her to suffer brain injuries.
Our firm is off and running with our advertising in Jamaica. We spent Sunday fielding questions from prospective clients in response to our ads in local Sunday newspapers. We are in discussions with advertisers in other Caribbean countries where injured and disabled crewmembers are abandoned by Miami-based cruise lines.
retina scans after standing in the heat for 7 hours. You can read about the misguided way our Federal government treats tourists in my blog
Mexican Riviera. The Coriam family returned to Chester England with no answers regarding what happened to their daughter. You can read our article
world country. There is something wrong when a British citizen hired by a British corporation to work on a U.S. based cruise ship disappears, and no U.S. or U.K. agencies are allowed to board the cruise ship to investigate. 
reported on the award in an article "
what the cruise line describes as "minor" injuries to a dozen passengers. Seems like many guests on the top deck may have suffered flash burns when the tank exploded. A potential disaster was averted when the captain and his officers made a quick assessment of the situation and sailed the cruise ship away from the burning tank and out to safety in the harbor. You can see dramatic video and photos in our articles
After Royal Caribbean assigned him only one case in 2009, Aronson informed the cruise line that he could not support his family and would no longer represent the cruise line. Now a year later, Aronson has appeared as co-counsel with us in a number of cases against Royal Caribbean. The cruise line's response was to hire two law firms - Holland & Knight and Mase, Lara & Eversole, with instructions to disqualify Aronson and this firm at all costs.
Tom Hagen: Some of the other families won't sit still for an all out war.
The article mentioned that I was one of the "big three" leading adversaries of cruise lines. This was a nice compliment, I suppose, coming from a newspaper like the Miami Herald which is a big supporter of the cruise industry.
"For lawyers interested in suing cruise lines, South Florida is the place to be.
But this article addresses the most common incident on a cruise ship - when a passenger slips and falls on a deck on the ship. These incidents occur literally on every single cruise. Fractured hips, broken kneecaps, displaced ankle-fractures requiring surgery . . and so forth. The accidents occur by the buffets, by the pools, in the dining rooms, on the exterior decks - everywhere.
where they boarded the cruise ship, where the cruise ship is going, or where the accident occurs.
Do you handle only maritime cases? Yes. We handle only maritime cases involving accidents and injuries on cruise ships. We have handled high profile cases involving cruise ship fires, collisions, and sinkings.
Twitter. These unique awards are for the Twitter community, by the Twitter community."
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Jim Walker practices admiralty and maritime personal injury law. He has been involved in maritime litigation since 1983. Based in

