Cruise ship compensation not worth sacrificing explanation

This pretium doloris, or “compensation for suffering sustained,” is offered in a rush to more than 3,000 passengers, even though 16 people are still missing and the captain has not provided an explanation for the shipwreck. Despite the good intentions behind wanting to put an end to this tragic incident, hastening the settling of the crisis might not even guard Costa Cruises against legal action from other survivors and former staff of the capsized cruise ship.

On Friday, one of the Concordia's crew members, Gary Lobaton of Peru, filed the first known lawsuit against Costa and the cruise ship's parent company, Carnival PLC, in U.S. federal court, accusing the companies of negligence. Lobaton is also seeking class-action status in spite of a recent agreement signed with an association of passengers from Italy.

Up to 85 percent of the victims could potentially benefit from the amount negotiated by the ADOC — one of the associations of passengers in Italy representing the victims of the shipwreck — which will include children who traveled for free with their parents. The 11,000 euros would cover the costs of the disastrous cruise and any extra transportation fees and medical expenses, and could be wired to the victims within a week upon signature.

Yet Codacons, one of Italy's best-known consumer groups, is recommending passengers not sign the agreement, and announced that it also is teaming up with U.S. law firms to launch a class-action lawsuit against Costa Cruises and Carnival in Miami. Codacons expects to get anywhere from 125,000 to 1 million euros per passenger.

Even though the agreement by the consumer group and the cruise companies was reached through a democratic process without discrimination based on the passenger's country of origin, it is true that nobody should rush to accept compensation.

It is important for the victims to show that an early agreement cannot put an end to the tragic incident. The Costa Concordia was transporting 4,229 people, including 3,200 tourists, when it capsized near the island of Giglio on Jan. 13.

Three weeks after the accident, 17 people have died. Among the bodies recovered from the ship, two have yet to be identified. According to Civil Protection Agency Chief Franco Gabrielli, who is in charge of the operation, there's no hope left of finding survivors.

Listed on the wall of the police port authority of Grosseto are eight Germans, four Italians, two French, two Americans, an Indian and a Peruvian who are still unaccounted for. The 15 of those who have been identified include four French, four Germans, three Italians, a Hungarian, a Spaniard and a Peruvian.

Divers found a 17th victim on Saturday, the body of a woman identified as a member of the crew, leaving 15 people, including a 5-year-old child, still missing.

Even if those with physical injuries will be dealt with individually by the company, survivors of all nationalities should never accept compensation in return for an agreement to drop any legal action.

The thirteen Taiwanese tourists aboard the cruise ship safely returned to Taiwan on Jan. 15. Like most people who go on cruises around the globe, they deserve to know the reasons behind the shipwreck before accepting any compensation.

Costa Cruises and Carnival must carefully evaluate the passengers' pretium doloris rather than offering more incentive for dropping legal action, such as a 30-percent discount on future cruises.

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