A group of lawyers have filed a class action against Costa Concordia in Miami, Florida on behalf of all U.S. passengers. Passengers are asking our cruise accident attorneys whether or not they should join the class action. I spoke to an attorney the other day that believes the class action is really just a marketing gimmick in order to sign up plaintiffs. Class actions in mass disasters have rarely, if ever, been allowed. There is no reason to believe that this class action will survive in U.S. court.
The reason that a Costa Concordia class action is unlikely to survive is because everyone’s injuries are different. In fact, everyone’s experience in getting off the boat is different. Perhaps the only issue which may be common to all Costa Concordia passengers is whether or not the cruise ship company Costa Cruise Lines and the captain of the Costa Concordia were reckless in causing the disaster. However, courts are reluctant to certify an injury- or death-based accident class action on that sole issue alone.
Passengers are better off hiring an attorney that is going to handle their individual claim for damages and compensation as an individual. It is much better to represented individually than as a member of a larger class. You want an attorney that is going to give you personal attention and handle your case in a way that courts will ultimately require.
If for some reason the class action is certified by the Miami, Florida court, U.S. passengers will have the opportunity to opt-out of that class action. You will need a lawyer to help you understand whether or not you should remain part of the class action or opt-out. Again, we are advising Costa Concordia passengers they are much better off having individual representation rather than class representation. Moreover, cruise ship disasters such as the Costa Concordia are handled in a unique way. The insurance company for Costa Concordia will try and resolve as many cases as possible. It is very unlikely that any case will actually go to trial. That means the process for handling your case is fundamentally different from the class action approach. You need to get a settlement brochure put together detailing your individual claims and circumstances and begin the process of negotiating with Costa Cruise Line and Carnival Cruise Line insurance company lawyer, as well as the insurance adjuster. The processing of a settlement-based system is fundamentally unique.
If you wish to speak to a Costa Concordia cruise accident lawyer to handle your individual claim, feel free to contact us. Please note that whether or not you are part of the class action or not, your total fee will remain the same. You will only pay a one-third contingency fee in order to pursue compensation and damages. You are much better off having individual representation in our opinion.
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