"[Arthur] is used to defending those who are charged with misconduct, including companies that have had lawsuits against them, Alex Beach said. "His mindset is that too many people jump on the bandwagon that they may not be entitled to."
Oscar Rosales and his family of El Paso, Texas, said they had not yet had the chance to consider whether they would participate in a legal response. Rosales, his wife, daughter and family friend, who all chose to stay in Rome for a few days after the accident, are returning to the U.S. Friday.
"For starters, I don't think they've done enough for the passengers, and so we'll just have to see what they're going to do next," Rosales said, who said the directions to hotels and flights home were "poorly mismanaged."
"The goal is to get everyone home as soon as possible and deal with other things later," he said. "We just hope and pray for the families who have lost loved ones."
John H. "Jack" Hickey, a maritime trial attorney in Miami, said passengers seeking to bring claims against the Costa Concordia cruise company would have to do so in Genoa, Italy, where Costa is based, according to Carnival's ticket contract. Hickey represented passengers who suffered severe injuries in July 2006, after the Crown Princess cruise ship tilted nearly 24 degrees.
The ticket contract is about eight pages of legal terminology, which states "the Passenger assumes responsibility for his or her own safety and the Carrier cannot guarantee the Passenger's safety while on or off the Vessel," Forbes reported. If the cruise line had touched a U.S. port, passengers would be able to sue in Fort Lauderdale, Fla., Hickey said.
Hickey said he is considering whether to become involved in legal action. Four or five survivors of the recent crash have contacted his law office, and he has begun working with a lawyer in Italy. Hickey said those with physical and emotional injuries could potentially receive compensation in the Italian legal system, and all death claims should be pursued.
A class action has been initiated by an Italian consumer defense group, Codacons. About 70 passengers have reportedly joined the suit.
Carlo Rienzi, Codacons head, told the Agence France-Presse he hoped to get each passenger at least $12,774 in compensation for material and emotional damage.
Benji Smith and Emily Lau have said they are working on how to pursue legal action and which legal opinions to trust. The couple said they were reluctant to trust the cruise company even with the reimbursement of their lost luggage.
"We've just been failed, neglected and abandoned over and over again," Smith said.