Was Your BP Claim Denied ?

Here are some option to look at if your BP claim has been denied by BP or by the the Gulf Coast Claims Fund. Below you will find a list of what your options are.

Contact an Oil Spill Attorney

If your claim was denied by BP your best option would be to contact an oil spill attorney and have them look at your claim to see if they would be interested in taking your claim to a potential lawsuit against BP.

If the oil spill attorney takes your case it would mean they would agree to represent you in your BP claim and they would receive part of your claims payment as payment for their work.

This is a standard contact that would be sign between you and the law firm giving them the right to litigate your BP claim for you. Normally a fee of 20-25% of your final winning would be their fee to take your case. If you do go with an oil spill attorney you would know that they would protect you and work to get your claim paid so they will get paid.

There are many great oil spill attorney’s looking for denied BP cases just like yours and they would be happy to meet with you free of charge to look at your claim to see what kind of case they could build on your oil spill claim.

Filing a BP Lawsuit

Believe it or not, your don’t really need an attorney to file your own BP Claim lawsuit, in any court in this country. That is right your can represent yourself  with your claim against BP. Its called “Pro Se”, or representing  yourself in the court against BP.

Its not for the faint of heart but it would be totally legal and your could stop by the court house on the way home today to get all the paperwork and forms to file your own lawsuit against BP for the oil spill and the damage you have suffered because of the oil spill. If you got the ba..’s this would be one way to get out from under a BP claim that was denied.

Making An Oil Spill Claim With NPFC

The NPFC is the U.S. Coast Guard’s National Pollution Fund Center, they will accept BP Claims that has been denied by BP or have been in limbo with BP or the Gulf Coast Claims Fund for more than 90 days. If you have gotten your BP claim denied with BP this would be an option to file with BPFC for a second opinion on your oil spill claim.

You would file your claim by submitting your paper work to:

US COAST GUARD STOP 7100 (ca)
4200 Wilson Boulevard, Suite 1000
Arlington, Va. 20598-7100

The claim must be submitted 3 years after the oil spill happened so August 2013 would be the deadline for filing your claim with them.  Also if your claim is accepted you must sign a release form to get the claims payment from NPFC. The process of filing your oil spill claim with BPFC should take no more than 60 days to get you an answer to your claim.

Oil Spill Settlement

After the BP Emergency Claims deadline  run out on November 23 2010, the next thing there is to do is to negotiate an oil spill settlement with BP. When it comes time to make an oil spill settlement for your lost future income, there are some very complicated rules and guidelines that needs to be followed. I would suggest that you at that time contact and oil spill lawyer.

Oil spill settlement Process

In the oil spill settlement process you would contact and oil spill lawyer and he would sit down with you and project into the future your lost earnings or for your business lost profits because of the oil spill. There are some very standard formulas that lawyers have for this sort of thing, but if you don’t use a oil spill lawyer the number BP will try and settle for us most likely much lower than what you could get by hiring an oil spill attorney. In this final face what you would be doing is accepting a final claims payment from BP meaning you can never go back and sue for any other thing related to this BP oil spill, so you want to make sure the money are absolutely right for your and your family or your business. Don’t be kicking yourself in 1 year when the oil spill affects are still felt on the tourism and the business is not running good.

It could be your attorney can reach a good oil spill settlement with the BP Fund and you don’t have to wait for your money, and you can go on with your life, but chances are at this stage of the game BP will try and get most cases settled for pennies on the dollar as they expect people to want to get money now and not wait years for an oil spill lawsuit to play out.

Working an oil spill settlement with a lawyer.

So when you first meet with your oil spill lawyer you will just settle the payment structure of the lawyers fees representing you in a possible oil spill  lawsuit, normally it will be 10-15%  of you total BP Claim if no oil spill lawsuit is need and 20-25% if the case goes to trial. Remember you don’t have to pay any money up front and the oil spill lawyer does not get paid before you get paid so in this way it will work great for you. After you guys settle on a payment fee, its time to get all your paperwork in line and the lawyer and his paralegals will help you get everything set and they will file the final claim for you asking for an amount you guys have agreed on with foundation in your paperwork.

After you have filed your final claim with BP all paperwork goes though your attorney and he will report back to you with the answer to your final claim from BP, and at this stage I expect negotiation to see if an agreement between what you feel you are owed and what BP is willing to pay. If there is a middle number you all can agree on great if not, it goes to trial.

Oil spill settlement and trial

If the attorney is asking for 20-25% if the case goes to trial, remember to put in the contract that if your case is grouped with other cases your fee should be lower as the attorney can now split out the trial fee on multible people, if the attorney goes to trial with only your case he fee is probably fair at 20-25% of your total claim recovery but if there are 100 people having the same case, the 20-25% from each oil spill victim is not fair. So make sure you make that clear up front with the attorney.

If you are looking to get a big BP oil spill settlement contact and oil spill attorney before your ask BP for a final claims payment