BP Claims – BP Settlement




  • We all remember what it was like right after the BP oil spill, and hurricane oil damage is the last thing a lot of people want to hear about. It still pays to be prepared though. When the spill first happened, there was oil all over the beaches, no one could fish (a lot of people still can’t), oyster beds were destroyed, tourists stopped coming, and tons of people’s livelihoods were destroyed. It was a nightmare and still is. Many people are still trying to recover from the damage the bp oil spill caused. But with hurricane season coming up, it makes you wonder what would happen if a hurricane hit Destin. Hurricanes are bad enough, but hurricane oil damage would make it that much worse.

    Hurricane oil damage would be massive

    What kind of hurricane oil damage would occur?

    All of the oil that’s just sitting on the ocean bed right now would get washed all over the coast, into the oyster beds, through the fishing grounds, and onto the beaches. The hurricane oil damage could bring the gulf right back to square one. Tourists don’t want to come swim around an oily mess. People already hit hard by the oil spill the first go round, like fishermen, would have to deal with all the hurricane oil damage too. You can’t eat a fish that’s covered in oil.

    The media spotlight on BP would come right back, but that wouldn’t do much to help the people dealing with hurricane oil damage. The problem is that instead of actually getting rid of the oil they spewed all over the gulf, BP just used dispersants to put it out of sight. It worked well for BP’s image, but it didn’t do a whole lot else except get people sick. The reason there would be so much hurricane oil damage is that the dispersants just pushed the oil down into the water. It’s still sitting there, waiting to get stirred up.

    Would I have a new claim for Hurricane Oil Damage?

    This is where the evil genius of the GCCF and BP’s quick pay scheme comes in. Gulf coast victims who already took the low-ball quick pay wouldn’t be eligible to get compensated for hurricane oil damage. They already signed away their rights to get any more money from BP related to the oil spill, no matter how much more damage it causes. Hurricane oil damage is just one more reason to think twice about taking a quick pay offer from the GCCF.

    They’ve been furiously trying to get these quick pays out so people can sign away their rights, so if hurricane oil damage or any other problem comes up, they won’t have to worry about paying for it. The more of the problems they shift onto the gulf coast residents they already hurt, the more money they get to keep in their pocket.

    What Options do you have if there is Hurricane Oil Damage?

    If you haven’t taken a quick pay or final payment from the GCCF, you can still force BP to pay for the damage they caused, hurricane-related or otherwise. Nobody wants a hurricane to happen, but people who have lived in Florida for a while know that hurricanes happen when you live on the coast, and it pays to be prepared. Part of being prepared now, thanks to BP, is looking out for hurricane oil damage along with regular hurricane damage. If you want to make sure you don’t have a financial meltdown if oil washes up on the beaches of Florida, make sure you only take interim payments from the GCCF. If you take a quick pay or final pay and a hurricane comes and brings up all that oil, you’ll be out of luck.

    A lot of people are still hurting from the original oil spill. It can be hard to figure out what to do and how to make ends meet, so hurricane oil damage is the last thing people need. If you want to know what the best steps to take next are, feel free to fill out our free case review box and an expert will be in touch to talk with you about your claim. They can also give you advice about how to deal with hurricane oil damage, and how to prepare for it.

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    Lately I’ve been hearing from a lot of people with more than one claim about how the GCCF has cheated them. The GCCF has a lot of different ways of tricking you out of money you deserve, but this one is really devious. This is how it works. Let’s say you own three businesses and you participated in the VOO (Vessels of Opportunity) Program. You should be getting paid for five claims: One personal claim because you are making less personally from your businesses, three claims (one for each business), and one claim for VOO. The GCCF will send you the paperwork for one claim. You think it’s a fair offer or you just don’t have any other choice, so you go ahead and sign off and take the money from the GCCF for that one claim.

    How The GCCF Cheats You

    Now they have you. The GCCF sneaks fine print into the release you sign that says you release them and all the companies involved in the spill from “any and all claims.” What this means is that even though they only paid you for one claim, you have waived your rights for all your other claims, including all of the work you did for BP for Vessels of Opportunity.

    The GCCF is playing a shell game with your life

    GCCF lies to cheat you

    Even if you don’t own a business, but you worked for BP through VOO and have a personal claim, they can still cheat you. They’ll just offer you money for whatever claim is lowest first, and once you sign THEN the GCCF will tell you that you can’t get money for any other claims.

    What to Watch Out For with the GCCF

    If you are like many gulf coast residents, you have more than one claim. BP screwed up a lot of people’s livelihoods and property. If  you are filing your claims with the GCCF, be VERY careful to read through the entire release they send you, even the small print. If you see anything in there that says you “release any and all claims” and you see a big list of all the corporations involved in the spill, DO NOT SIGN!

    The GCCF will do anything they can to keep from paying you what you deserve, and we hear from more and more people every day who have lost their right to get paid back for all the damage BP did because of this underhanded trick.

    If You Want To Make Absolutely Sure the GCCF Doesn’t Cheat You

    It can be really hard to dig through all of the fine print and complicated legal wording on your own. My recommendation is to get some professional help with your claim. You don’t have to sue anyone if you don’t want to, but the GCCF pays attention when you say that you have representation, and they will be a lot less likely to try to trick you out of your compensation.

    Even if they do try to trick you, a professional can help to catch it before you lose your rights to get reimbursed for the damage THEY did. If you have more than one claim and you want to make sure the GCCF doesn’t pull the rug out from under you, feel free to fill out the free case review box on the side of the page and someone will be in touch with you soon.

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    How the GCCF Processes Your BP Claims

    The way the GCCF processes BP claims is pretty murky. Since the GCCF doesn’t seem to be trying to clarify how BP Claims work, I’m going to do my best to lay out the steps of the process, the timeline you’ll be looking at, and how much money you can expect to get.

    Step 1: You file your BP Claims or claim with the GCCF, including all the documentation they ask for about your previous income. You can do this either online, at a claims office, or over the phone.

    Step 2: You wait. A long, long time. The GCCF says it tries to process BP claims in 90 days, but most people are waiting upwards of 120 days to receive anything back from the GCCF.

    Step 3: They finally send you a letter. Most of the time it will say one of two things: Either a) We paid you too much in emergency claim money so we don’t owe you anything, but you can take a quick pay for $5,000 (or $25,000 for business claims) and sign away your rights or b) We need more documentation to process your claim. If you’re very lucky, they might actually have just processed your claim, but that almost never happens.

    Step 4: You can either accept the low-ball quick pay (We recommend that you do not), or you send in the additional documentation if they asked for it, and wait even more for your BP Claims money.

    Step 5: After waiting even longer, the GCCF will most likely just send you a measly quick pay offer of $5,000 for personal or $25,000 for business claims. Very few people get real money from a final or interim claim. If you are one of the lucky few who got a good offer, you can go ahead and take it and you’ll be finished.

    So What Should You Do About Your BP Claims?

    If you are one of the many people who just got a quick pay offer for your BP Claims, you can try to appeal with them, but I wouldn’t bank on that working out. If you think it’s fair compensation, you can take the quick pay. If you are like most people though, it’s not going to be anywhere near the amount BP actually caused you to lose.

    If you have gotten to the point where all they are offering you for your BP Claims is quick pay, the only way to get a larger amount is through an attorney. You can either get one to help you with your BP Claims and tell the GCCF that you are represented by an attorney, or you can wait and file a lawsuit.

    If I’m Not Getting Anywhere with my BP Claims, how will filing a lawsuit work?

    The big trial to figure out which of the many companies involved in the oil spill are liable for what is happening in February 2012. After that trial takes place, you will be able to file lawsuits to get what you rightfully deserve. It is definitely a long time to wait, especially because so many gulf coast residents are hurting right now, but if quick pay is the best they are offering you for your BP Claims, it’s probably the only way to get real money from them.

    Lawsuits can be a hassle,  but once you’ve gone through the GCCF’s complicated process to get your BP Claims money, if you are not satisfied by the pitiful amount they probably offered you, then you may need to consider contacting a lawyer. It’s not about trying to get money you don’t deserve; it’s about BP making up for the damage they caused to you and your family.

    If you want us to take a look at your BP Claims and help you out with the process, always feel free to fill out the free case review box on the side of the page and we’ll get back to you soon.

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    Are you considering suing British Petroleum over the Deepwater Horizon oil spill?  Were you thinking about it, but decided it was just too much trouble?  Well, it is about to get a whole lot easier.

    Government joins civil lawsuit

    Recently, the United States Department of Justice announced that it is going to join civil lawsuits that citizens have filed against BP.  However, Kenneth Feinberg, who runs the Gulf Coast Claims Facility (GCCF), also recently said that he will provide pro bono legal assistance to anyone who needs help filing out their final claims paperwork for the GCCF.  What does all this mean to you?

    For starters, if you have already filed a final claim with the GCCF for damages you incurred as a result of the Deepwater Horizon oil spill, then you have already signed away your right to sue BP.  By taking money from their $20 billion settlement fund, you gave up your right to sue.  If you are thinking about filing a final claim, including any quarterly advance claims, then you should realize that by filing that final claim, you will be required to give up any future claims against BP or the GCCF.  That means that you will never be able to sue them and you will never be able to join a class action suit against them.  For most, that is probably just fine.  Now that the GCCF is providing free lawyers to help you fill out your final claims paperwork, it will be even easier to get your paperwork together and file it and get your piece of the $20 billion pie.  The GCCF will provide you free local assistance.  This should make the process much more streamlined, transparent, and consistent.  It will probably be exactly what most Gulf Coast people need, especially with the new quick pay option coming online.  Just remember that once you file a claim and get paid out for it, you can no longer sue BP or make any future claims to the GCCF.

    How to file a lawsuit

    If you have decided that you want no part of the GCCF and the $20 billion settlement fund and that you would rather sue British Petroleum that is certainly your prerogative.   You will need to retain a lawyer or join a class action suit, but you definitely have the right to do it, so long as you do not (or have not in the past) filed a claim with the GCCF.  Now that the United States Justice Department has decided to join in the suit process, things should get easier with the court process should you choose to go that route.  They will bear the expense of deposing key witnesses and gathering evidence that you can use in your battle.  That could save you a lot of money.

    Join a lawsuit

    Dozens of people have already been filed against BP.  These cases have been consolidated into a multidistrict litigation forum in federal court in New Orleans.  Any future suits will also most likely be brought into this court as well.  This is a great benefit for those who are suing.  You can basically sit back and let the federal government gather all the evidence against BP and then collect from the winnings when it is all over in court.  Something important to keep in mind though is that if you sue, you cannot make claims with the GCCF.  You cannot take advantage of the final claims process, including the quick pay option.  If you join the lawsuit and BP wins, then not only do you not get anything at all, you will most likely end up owing court costs and attorneys fees.  If you win and the jury decides a small amount, you may get a lot less than you would have gotten from the GCCF.  If you win, however, you may get a much larger amount than you would have gotten from the GCCF.  Also keep in mind that lawsuits can take decades to play out in court.  Even if you win, you may not see any money for more than ten to twenty years.  So, it is a huge gamble, but the odds are good.  Now that the US DOJ has joined the lawsuit process, your odds are even better, but be prepared to play the waiting game for a while.

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