So much talk about the Deepwater Horizon Settlements, I want to take this post to address all the people that was not included in the class settlement and what they should be doing. This goes to people wanting to Opt Out of the Deepwater Horizon settlements to.
For most individuals I think the Deepwater Horizon Settlements are a good way of getting paid but everybody has a different situation so this post is for the people that don’t fit in the box.
If you are in any of these industries you are not a class member and should get your claim directly to BP.
-Oil and Gas industry and Moratorium Claims
There are many more exclusions to the Deepwater Horizon Settlements but this are the big once. This write up would also be needed for all the class members that select to opt-out of the Deepwater Horizon settlements because their offer would be to low if you only looked at the year 2010. Here I am thinking about crabers, Shrimpers, seafood processors that are seeing big losses right now and last year that they will not get covered in the Deepwater Horizon Settlements. So for all the people that select to opt – out of the deepwater settlement this is what you guys need to do.
Well first my suggest would be to get an attorney to do this for you as after step 1 you would need him to file suit against BP.
Opt Out Of The Deepwater Horizon Settlements
Under OPA (Oil Pollution Act) the guilty party (BP) have to accept claims from all business and individuals that have suffered harm from the oil spill. So BP has setup a website for this at http://www.bp.com/sectiongenericarticle.do?categoryId=9036580&contentId=7067577
You are correct they hide it very well that you can actually now submit your claim to BP direct if you don’t want to deal with the settlement. Now this is very important, OPA does not say anything about you will only get your 2010 loss, in OPA it covers all your losses. So the responsible party has to cover all losses a business or an individual have had from the oil spill. It does not matter if these losses comes in 2012 -2013 or 2020. If these losses are directly associated with the oil spill like the seafood processors that now has much fewer shrimps to process or the crabbers have less crabs to catch. Any loss that you might have had from the BP oil spill should be paid for by BP.
Now after your attorney submit your claims to BP direct and he can do that now, you will have to wait 90 days on their response after the 90 days they will give you an offer, deny your claims or just don’t do anything and your attorney can then file suit against BP and you will have your day in court. Or you will be on your way to court with your claim to get paid everything that the oil spill did to you.
I you are a class member of the Deepwater Horizon Settlements you would have to opt out before you can go after BP direct. If you took a final payment from the GCCF or sign a release not to sue BP you cannot go after BP direct.
But your attorney can then file a claim with BP direct wait the 90 days and then file suit and wait for BP to show up in court or before court and settle the suit on your terms. Not some terms made up by the Deepwater Horizon Settlements that never asked you. This would be your case and its day in court.
Its my opinion that no attorney would be better for this job than Brent Coon & Associates in Houston Tx and if you fill out the form on the right that is where you case is going for getting your fair compensation from BP. Even if you don’t fit in the Deepwater Horizon settlements you still have options.
Opt Out Dates From The Deepwater Horizon Settlements
This again is very important, if you do nothing you are automatic in the Deepwater Horizon Settlements so you have to physically Opt Out to be out of the Deepwater Horizon Settlements.
The date witch you have to physically Opt Out of the Deepwater Horizon Settlement will be October 1 2012
If you do nothing and your are a class member base on their definitions you will be in the Deepwater Horizon Settlements.
Now if you want to opt out you will have see below:
To validly exclude yourself from the Economic Class, you must submit a written request stating “I wish to be excluded from the Economic and Property Damages Class.” The request must include your printed name, address and phone number and must be postmarked no later than October 1, 2012. The written request must be signed by the Natural Person or Entity seeking to exclude himself, herself or itself from the Economic Class, even if they are represented by an attorney. Electronic signatures will not be accepted. The request should be mailed to:
Deepwater Horizon Court-Supervised Settlement Program
P.O. Box 222
Hammond, LA 70404-0222
I am not suggesting that you do this, I am just telling you how to do it if you need to do it.
Why Your Need An Attorney For Both
No matter what way your are going unless your claim is very simple and unless you don’t care about all the extra claims you might be missing by not using an attorney I strongly suggest that you get with an attorney. You can select an attorney from my websites or an attorney that you know from somewhere else does not matter. I just want you to be guided though this process and not leave any money on the table in your claims. Get the most you can from BP, its great for you and its good for the Gulf Coast Communities in general.
Think about you situation what would be best for you, if you need non lawyer advice send me an email at firstname.lastname@example.org if you need lawyer advice submit a claims form on these pages and talk to an attorney for free. Remember the attorneys don’t get paid until you get paid.