Its been a while and I do apologize for that, its just been a busy time. Let me give a quick update on where we are at and what is going on right now.
So Firday the 19 of April the lawyers filed their complaint for all the people that opt out of the BP settlement. You can see a copy of the complaint the lawyers filed on your behalf if you are an opt out here
Its a document in PDF that is 291 pages long so make sure that your computer can handle it. So if you are with the attorney Brent Coon & Associates or D Miller & Associates I would suggest you do the following if you have opt out of the BP settlement.
Open up the document and save it to your computer. When you have it saved to your computer then you can go under edit and find and that will bring up a search field. Now search for your personal claim or business claim by name to make sure you are on the list.
If you are part of this group about 10,000 people that just filed suit against BP here is what will happen next.
Individuals and Business Lawsuit Against BP Phase 1
So the lawsuit has been filed in Federal court if you live in Florida or Louisiana and in State court in Houston Texas if you live in Alabama or Mississippi. There are a few reasons why the attorneys have done this that I will not go into here but this is where you lawsuit it. Most likely the lawsuits will end up with Judge Barbie in New Orleans in the MDL and from there go back out to state court again. This is just a matter of how things are working in an MDL and when judge Barbie gets the cases back to the state courts or Houston Texas the fun begins.
Everybody Are Looking For A Trial Date On Their BP Claims Lawsuit
Now comes the wait where the attorneys will wait for the trial judge to put any of their cases on the trial calender for trial. Normal wait time in USA is 18 month from lawsuit to trial. There are tons of pre-trial motions and other fun stuff going on between now and trial but once that first trial date is set, the clock starts ticking for BP.
If BP don’t want to try these cases at trial they will have to settle them before the trial start or before the jury reaches their verdict so the lawyers will have the advantage when a case is up for trial. Many times in the past I have seen one case come up for trial and the lawyers will settle 100-200 cases on that one case that is up for trial. This will most likely also happen in this case.
You will all hear from your lawyers on what they need from you to make your case ready for trial, if you are one of the cases with very little documentation don’t worry to much just give them what you have nothing more and nothing less. But keep in contact with the attorneys and make sure to give them your new contact information if you move.
The wait will be painful for many, and hard to handle as there is no money coming why we wait. Also why BP has made the Settlement open ended to opt back in but you can never opt back out. I have seen many many offers that has come back with we already paid you x,xxx and you have nothing more coming. People ask me what they can do about and I have to tell them nothing. When you are in the settlement you have to take what they give you and there is nothing lawyers or judges can do about it. So if you can stay opted out and wait for trial no mater how hard it gets. When trial comes the cards are all in favor of the attorney you are with and at that point you should see justice and you getting what you are owed.
What Is Going On In The Current Liability Trial Against BP
The liability trial against BP has gone on for a few month now and its really boring but here is what is at stake. If BP loose its 4 times as much they have to pay. So it goes from like 5 Billion to 20 Billion. If they loose people that work on the water like fishermen can possibly get punitive damages. On the other hand if BP don’t loose the trial and only have to pay 5 billion maybe they have some billion left over that they can settle all the civil lawsuits with so you sometimes have to be careful what you wish because if BP takes a big hit in this trial they might not be so willing to pay the civil lawsuits that are coming after. Then again if BP gets over confident over a win in the liability trial maybe they will fight the civil trials harder. Its tough to say but we have a good judge that will make the right call on this one I think.
Its been a while since I have updated my readers about the BP claims process and what all is going on right now so let me try and tell you guys where we are at with the Deepwater Horizon BP settlement, the BP trial and the question most of you have where they H… is my money.
BP Settlement Update 2013
It looks like from the statistics on the Deepwater Horizon Settlements that they are paying VOO, real estate claims, seafood claims and some business claims. What is very clear from the statistics are the problem they have in paying individuals. They have put about 85% of all individual that have filed a claim into a black hole called “incomplete” and this is a big problem. Its a big problem for the individuals but its also a big problem for the Deepwater Horizon Settlement.
They want everybody to look at the BP settlement and see that its working, but its not. When 85% of individuals are incomplete there is part of the paperwork that they are asking for that most people don’t have or can’t get. So what needs to happen is a change in the BP settlement structure has to happen.
We have to get a change to what paperwork they are asking for, especially the sworn statements from the sometime former employer has to go away to get these individuals paid.
Another reason why they are stalling the individuals are because of the offer they have to give them sometimes are so low that most people will go what the hell did I spend 3 years going after this money if $3,000 is all they are going to give me. Well but be ready for that, and now its to late to Opt-out so they have you buy the Ba… and you have to take what they give you.
Here in Florida they are setting up classes for people that get money from BP so they don’t spend the money on stupid stuff, I am seeing it on TV right now and I am going really who is these classes for? Who are getting money ?
On my facebook page I asked the people connected to me to tell me a positive story about them getting money from BP. With 2,200 people connected to me on Facebook and god only knows how many people are connected to those people that see the post, just 1 positive story came up. If you have a story please connect and post it.
Who Is Get BP Settlements ?
This is the biggest question right, we see the official statistics showing 1,3 billion dollars have been paid out? Who are these people getting all of this money? half a billion to seafood harvester and processors really most people I know opted out of this program. Another half a billion to businesses again I am seeing 300+ business with my lawyers and maybe 30 have been paid something. Now the 200 million to VOO boat this one I have seen the VOO boat have been paid very nicely and most of the time pretty fast. Individuals have been paid just 4 million see now this is again the big problem. All the people that lost jobs or could not find jobs because of the devastation of the oil spill. Non of these people are getting paid and that is a real problem.
If you are in the zone or by the water in the Gulf of Mexico then its not to late to file your claim as a business or individual just fill out a form and we will get you going.
OPA Presentment And BP Trial
Now remember back last year I presented my design skills and made up this triangle that below that shows who all are going to get what from BP. Well congratulations to all the business and people that are now in the top of this triangle. You did the right thing and you stayed in for the long haul.
Now I hope all of you that are staying in for the long haul and your day at trial will be able to keep it there for the next 1-2years.
BP is going to try hard to convince you that you should move away from the top and into the BP settlement. This has already started on the evening of OPA presentment BP and the PSC (attorney steering committee) cooked up an order for the judge to sign. If you are in the top half you will soon see this order in a letter that the Deepwater Horizon Settlements will send you to try and make you opt back in to the BP Settlement. The order that the judge sign said that anybody that has opt out of the BP settlement can opt back in until April 2014. Yes that is right you can opt back in but you can never opt back out.
Kind of reminds me of a song Hotel California by the Eagles.
“Last thing I remember, I was
Running for the door
I had to find the passage back
To the place I was before
“Relax, ” said the night man,
“We are programmed to receive.
You can check-out any time you like,
But you can never leave! ”
If you opt back in to the BP Settlement like they are trying you to do, then you are stuck there with no chance of ever leaving. You cannot go to trial and get a fair estimate of your loss and you will never be able to get what you want out of this thing.
I know the next 1-2 years are going to be very hard, especially when they actually start paying people in the BP Settlement and your nabor gets his check or co-works but if you stay in there will be much higher payout’s when BP have to settle cases before they go to trial that is the time when we have BP where we want them, that is when all the money in the world don’t matter, that is when we are in the driver seat and BP has to take our offer and look at it and decide if they would rather go to trial than to pay what they really owe us. That is the time when you will be happy that you selected a great lawyer for your business case or you real estate developer case. That is the time when you get what you want from BP without them being able to use their money and being Big Business as they are to buy everything and everybody around them to get what they want. You wait for that moment and you will be rewarded for your wait.
Keep Doing What Your Are Doing
So for the next 1-2 years I want you to just let the attorneys handle the case and do what you are doing to make money in your business and let this sit out there and let the case move forward as it will. Don’t fall for BP’s commercials saying everything is now right in the gulf because clearly its not. Don’t let them talk you into the BP Settlement again because you can never leave if you do.
I will end this blog post with a website that shows the real story about the oil spill and what is still going on in 2013.
Visit them at here at http://trueadvocacygroup.com/ and support their effort to get the truth out.