PRLog (Press Release) - Jan 25, 2012 - In regard to the collision of the Costa Concordia with submerged rocks off the Coast of Italy, it is our understanding that the limitation fund, the amount of money that can actually be recovered from the owners in a marine casualty is far smaller in Italy than it is in the United States; maybe only 2/5's as large. Apparently the standard to what is called breaking this limitation fund and becoming entitled to actual personal damage is a far easier standard In the U.S. than Italy. This means the owner can get away with more wrong by blaming the Captain in an Italian court than he can by blaming the Captain in an American Court. This could well mean a recovery in an American Court where there is no recovery to be had in an Italian Court. It is our understanding that injuries are paid in Italian Courts by schedule, and not by looking at the individual victim. Individual victims are paid only by statutory schedule, not by a trial on damage as in the U.S.
Injury lawyer network helps Costa Concordia victims with a new Helpline. "Our Maritime lawyers are attempting to get Miami venue" Say L. Spitzer who runs the helpline. She continues "This venue is very important for the victims. Our admiralty, maritime injury lawyers are well versed in these issues and have advised me that".
The law is much less favorable to the victims in Italy. The best place to argue whether Italian law applies or American law applies is a U.S. Court. There is a forum selection clause in the passenger ticket that selects Genoa Italy as the place for this law suit. This is called a "forum selection clause", and there is the argument that it is unenforceable if the clause unfairly takes rights away from the passenger." We have gotten a statement from the Maritme lawyer, Paul Ansel who is their lead maritime lawyer on the disaster.
"The Athens convention, believe, cannot be incorporated into a passenger contract that contains a forum selection clause. Reading these to legal concepts together we believe the proper forum for the law suit against Costa Concordia. We think Broward County is the place as that is where Costa Cruise Lines is located in the U.S."
Injury lawyer Network Maritime Injury Lawyer Paul Ansel out of Hollywood Florida is working with a team to establish venue in Broward County Florida. Victims should call the Concordia Costa Victims Helpline at 1 877 522-2123



