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Category Archives: Oil Spill Attorneys

BP Settlement Opt Out and more Thoughts

BP Settlement Opt Out Date is Drawing Near

DeepWater Horizon SettlementNow let me state this at the outset, I am not an Attorney but we now have one who is independently working with us at BPClaims.org.  What I am about to say should in no way be construed as legal advice, it is my opinion, and my thoughts.

That said and to put it as simply as possible: if your claim does not fit into the framework of the Deep Water Horizon Settlement, you may want to seriously consider opting out.  But, if you can prove your losses, and have ALL the paperwork to support your claim you may want to stay within the framework DeepWater Horizon Settlement.

If you have a medical claim and are seriously sick, you may want to opt out of the Settlement.

If you have an economic claim and you have gaps in your paperwork or other issues, opting out should be very much on the table.

The Settlement fund wants to pay you, but only if you can provide all of the documentation that they require.  Their hands are tied, all they do is administer the DeepWater Horizon Settlement, which was created by BP and the Plaintiff Steering Committee and overseen by Judge Barbier.  The Settlement is not open for interpretation; it is what it is, and it is just beginning to pay people.

Many Attorneys want you to Opt Out, this is to protect your rights in most cases, though there have been reports that some are doing it for self gain, and higher fees down the road.

We have seen the DeepWater Horizon Settlement Fund make serious strides in processing claims, and they are beginning to pay those claims. I met with some of the leadership of the claims process myself recently and they have a high degree of integrity and take this very personally. Most of them are from different areas of Louisiana and have family and friends that were deeply injured by the BP Oil Spill. Their Legacies and Heritage are on the line.

Who is in the DeepWater Horizon Settlement

As I understand it, if you are in any of the Settlement Zones, you are automatically in the Class and if you don`t want to be in the Settlement you will need to Opt Out. These zones include the whole states of Louisiana, Alabama, Mississippi, parts of Texas ,and the coastal counties along the Gulf and the Keys of Florida.

How do you Opt Out of the DeepWater Horizon Settlement

Your Attorney can NOT do this for you.

It is really quite simple, you write a letter. Here is what you need to to do, it must be postmarked by November 1 st 2012.

Here is an example of an Opt Out letter.

I John Doe, 123 Main Street, Destin,  Florida. I wish to be excluded from the Economic Class or Medical Class Settlement.

Sincerely

Signature

John Doe

Write one letter for each one of your claims, if it is a business I would write both an individual letter and business letter and include your E.I.N. or your social security number. If you have a medical claim and an economic claim I would write a letter for each of my Claims.

Address the Letter to: For Economic Opt Out

Deepwater Horizon Court Supervised Settlement Program
Exclusions Department
P.O. Box 222
Hammond, LA 70404-0222

To validly exclude yourself from the Economic Class, you must submit a written request stating “I wish to be excluded from the Economic Class.” The request must include your printed name, address and phone number and must be postmarked no later than November 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.

 

For The Medical Settlement
Deepwater Horizon Medical Benefits Settlement Opt Outs
935 Gravier Street, Suite 1400
New Orleans, LA 70112
To Opt Out of (exclude yourself from) the Medical Class, you must mail in a written request stating “I wish to exclude myself from the Medical Class.” Your written request must also include your full name, address, phone number, date of birth, and a copy of your driver’s license or other government-issued identification. You must sign your written request.

Whats Next if you Opt Out of the DeepWater Horizon Settlement

You will need to prepare a claim for O.P.A. presentment, this is also called the BP Claims Program and it is administered by BP. You do not need an Attorney to do this. You will need an Attorney if you don`t get what you want from BP, and decide to litigate. You have to go through the O.P.A. process before you can litigate. My issues with this are these:

  1. The BP Claims Program is run by BP, we`ll see how they do; the jury is still out.
  2. Attorneys and other Processors will put their best claims first into the process, individuals will be left behind again.
  3. The Settlement is fair if you can prove your losses.
  4. There are too many people capitalizing on peoples’ fear.
  5. I don`t think people should have to go through O.P.A. before the choose to litigate.

Individual Claims that have issues really need to think about Opting Out at this point, it is my opinion that they may be best served down the line when the Attorneys start putting them in Classes. I would also expect that many Attorneys will drop many Individual Claims as they will be pressed for time to put together these claims by the January 20th deadline.

So what is Happening Now with the BP Settlement

  • We have gotten clients through our network literally millions in the last few weeks
  • Restaurants have received 300k – 700k
  • Business Claims of all sorts have received from 20k-800k
  • A Property Owner with Oil on their Property was offered over 30 Million; that was one claim.

After the Settlement is ratified on November 8th at the fairness hearing the DeepWater Horizon Settlement will become more streamlined. There will be less claims in their que as many of the ones with issues will choose to opt out. There will be less of a need for an Attorney as you will either fit or not into the Settlement. There is little room for interpretation.

I see more of a role for Attorneys during O.P.A. presentment as certain Attorneys do have reputations for holding BP accountable, and they may decide to form some sort of class down the road, before litigation. It is difficult to predict exactly what tact they will take with BP. In the end, if they choose to litigate I do expect Claims to be broken down by Class and the different cases will be paid by Merit and extent of loss, but they will be settled in groups. I do not expect to see many cases to reach the Court House.

Recent News: BP pressures Judge to approve DeepWater Horizon Settlement Process

Recently it was reported that BP was trying to pressure Judge Barbier into approving the DeepWater Horizon Settlement. I think they are doing this because of the unexpectedly low turnout of BP Claims entering the Settlement process, and they think they are going to get off light. When BP actually pushes their own agenda, we should all pay special attention.

My opinion is that Judge Barbier is the wrong person to push, and at some point I would expect him to push back. There is no doubt that BP wants to put this behind them but if I were them I would tread lightly.

Solutions

When I first started working in this field, we created a site that was designed to get people aid that were victims of the Oil Spill, it was very successful and Catholic Charities stepped in and helped many of the people that we referred to them. Many of these people were exceptionally sick or were on the verge of loosing it all. Later I was told to follow the Claims process, we then created BPClaims.org. We would enroll Attorneys, Claims Adjusters, Accounting Groups, and other Web Designers to assist us in making BP pay. It was a big job and we knew we needed help. I am sad to say some were more interested in dollars then they were in helping people  and they cherry picked clients. They were cut from the Network.

For me it has always been about the people and their businesses, and it always will be.

We have the LARGEST NETWORK of BP Claims Professionals on the Planet.

We can Help you if you decide to Opt Out.

They ALL Specialize in different types of Claims. We now can process your claims in house for as little as 15%, If your claim is complex or a high dollar claim, we have the support of one of the Nations Largest Accounting Firms. They are currently processing more then 500 Million Dollars worth of Claims.

There are Attorneys within the network that specialize in Claims that were not covered in the Settlement such as Casino Workers, Insurance Companies, Moratorium Claims, and Developer Claims just to name a few. We are not talking about one firm here, we are talking about 10 different firms. Different Claims are handled best by Firms that specialize in different types of claims. Their fees range from 20%-25% at this time, but expect those fees to rise if they have to move towards litigation.

Recently we have brought in an Independent Attorney to help you; he has volunteered to assist people decide whether or not you need to Opt Out or stay in the DeepWater Horizon Settlement. You can reach him at 1-800-BP-CLAIM.

The next few days are critical, if you need assistance just call or fill out the form to the right. We will be working 18 hour days, we are here for you. We have been here from the beginning we will be here to the End.

 

 

Roman Rector Helps Oil Spill Victims

ATTORNEY  ROMAN RECTOR WORKS FOR VICTIMS OF THE GULF OIL SPILL

roman rector  Hi, my name is Attorney Roman Rector.  After recently spending some time with Bill Bohack and watching him closely at BPClaims.org.  I could see that Bill has a true passion for helping the victims of the Deepwater Horizon Disaster. It became very apparent very quickly that Bill was not just running a business but had finally found His ‘higher calling.’


To say that Bill is passionate about helping those so deeply affected by one of the largest oil spill’s in history is an understatement, Bill eats, breathes and lives this stuff.  He has devoted virtually every day of the last two years to understanding how the debacle has not only hurt those millions affected by the oil but the environmental, emotional and mental factors that go along with such a catastrophe. 

Bill has gone to New Orleans, LA, many times and to meet with victims, volunteers, lawyers, sit in on legal proceedings and meet with those operating the relief effort at the DeepWater Horizon Settlement.  Bill went so far as to go out on a cleanup and got the corrosive Correxit on himself (by accident of course), one of the chemical agents used to ‘clean-up’ the oil and which left thousands sick with rashes and other ailments.  It
was because of his zest and zeal for his clients. 

I have spent my entire legal career fighting for the little guy whether it be helping plaintiffs recover the money they deserve from insurance companies in automobile accidents and other major injuries to representing those who received bad advice and ineffective legal representation in a criminal trial to bankrupting billions of dollars for those deep in credit card, mortgage, health care and other crippling debt.  So, I decided to take some time off from my practice in California and come to the Gulf Coast of Florida, where I grew up, to see what I could do to help Bill fight the Goliath BP and if we could recover monies from the settlement fund to try and make those clients somewhat whole from the terrible losses that those along the Gulf coast have sustained.

As an Attorney, from my humble beginings in a 10′ by 10′ windowless office in a strip mall when I first opened the Law Offices of C. Roman Rector to my status as Managing Partner of Attorney Debt Solutions, P.C., an 11 office 200 plus caseload a month debtor bankruptcy firm, I have tried to have empathy for my clients, have tried to put myself in their position, as best I could, to see what it is to walk in their shoes a day-in-the-life.  While this is somewhat easier to do with
those facing a financial crisis than those facing criminal charges; it was absolutely astounding to try to imagine what it is like for those who have lost their entire way of life, a way that has been passed on from generation to generation.  From the oyster bed farmers to the shrimp boat captains, from the ‘mom and pop’ motel owners to the old carriage ride horse and buggy drivers, the whole Gulf Area was economically under assault.

It is for these reasons that I look forward to helping Bill and his clients during their time of need, both theirs and His.  For this reason, I am devoting my time for the next several months to give legal advise to the clients of BPClaims.org and the Victims of that horrible event that took place in April of 2010 and that will be etched in minds of those that suffered for decades to come.

Sincerely,

C. Roman Rector
Attorney at Law
(and now Lawyer to and Asst. Gladiator for Gulf Coast Residents)

BP Settlement Checks Arrive

BP Business Claim Payments Begin

bp settlement One of our processors began to get BP Settlement Checks in late last week, they were for local businesses that met the Settlement parameters.

This was the first batch of checks for businesses that we have heard of. We had seen plenty of offers, but finally are beginning to see the money.

We are now hearing from others in our network, and they are also experiencing an influx of BP Claims getting paid.

Over 4 Million Dollars worth of BP Claims were Paid.

As the payments actually begin to hit the street we expect to see a groundswell of new businesses begin to file. If you want to know if your business could qualify you may want to read a previous post. here

Opt Out Date still November 1

If you feel that you do not have all of the documentation to support your claim, you may want to consider opting out. If you have all of your documentation together, and can show your losses, you should seriously consider staying in the Settlement.

In my opinion the BP Settlement is very friendly for businesses. Businesses  historically have most of their records, and they are easier for the Fund to process. I am not an Attorney, but I do think claims such as individuals that are more difficult to process will continue to see some delays, but they will get to them.

If you don`t have a strong claim that squarely fits into the Settlement, serious consideration should be given to opting out, in the end the choices are yours.

Business Claims are Getting Paid

It is refreshing to begin to see some large business claims start getting paid. Many of these claims had been accepted about 30 days ago. We have been calculating Business Claims that have received offers, and are usually about 1% off from what the offer is from the DeepWater Horizon Settlement Fund.

If you have a business that you think was affected by the BP Oil Spill, please fill out the form to the right or call 1-800-BP-CLAIM.

If you filed under the GCCF but have not added the necessary documentation to your Settlement Claim, we can assist you with updating your claim.

We can also help you with denied claims, incomplete claims, and if your claim needs to be appealed under the Settlement.

We have connected with Teams of processors and Attorneys throughout the Gulf Coast to Serve you. They charge from 15%-25%.

If you would like to find out if you Qualify for the BP Settlement please feel free to call us at 1-800-BP-CLAIM, or fill out the form to the right.

We take your BP Claims very seriously, we have been doing this since the beginning, and have helped over 10,000 people and businesses.

 

BP Settlement Adapts

BP Settlement Procedures Shift Gears

bp settlement As I write this I am sitting in the lobby of my hotel in New Orleans. I have had back to back meetings for the last two days with some of the key figures in and around the BP Settlement.

The BP Settlement is maturing, they are finding out where the problem areas lie and are actively addressing the issues that have plagued it.

Without going into to much detail, the largest issues around processing have been getting the attention of the senior leadership. These issues are being dealt with.

Expect procedures to evolve from the Settlement Fund when needed, there have been some shortcomings here. Look for more staff to be getting hired internally by the fund, and by some of their vendors.

There are people working inside of the BP Settlement from 8 to Faint. They absolutely do care about the people affected by the BP Oil Spill, these are their neighbors, family and friends. There is no room for failure, and they take it very personally.

After speaking with some people around the settlement that knew the people that are at the epicenter of the Fund, these are some of the most respected people you will find in the State of Louisiana. They are not in this for the money, they are here to help administer this fund and get people paid, it is really that simple.

If your BP Claim fits the Settlement they want to see it paid, if it does`t and many don`t, they will need to opt out and look for a remedy through OPA or litigation.

BP Settlement Opt Out

For many as time start`s winding down you will be faced with staying in the BP Settlement or Opting Out by November 1. I don`t think it is fair for there to be an opt out date so close when, there has been such a limited number of claims paid. We need a sample set to go from, but that is looking less and less likely.

The folks at the Settlement have clearly identified the issues and are doing their best to fix them, the fact is they need more time, we all do.

Will they get it, I am beginning to doubt that. What I do believe though is if you can clearly define your losses you will get paid, if you can`t you may want to seriously consider opting out.

The Settlement is by no means one size fits all, as a matter of fact many claims that don`t fit squarely within the parameters of the BP Settlement need to opt out. We are all going to have a busy 10 days before us, if the date is not extended.

Overall Thoughts

I was very impressed at the dedication I found by the People who are running the Settlement.

These are their neighbors, this is their legacy, and they are destined to right the sinking ship they inherited.

The people I have met are a very proud and resilient group, they have a lot of heritage and legacy here, there is no way on God`s Green Earth they are going to let down their neighbors, friends, and family.

It just won`t happen, it may not work for everybody, but this is going to work for many, you can bet on it.

These folks don`t know failure,  I believe their bodies will give up on them before their will does, all I can say to that is welcome to the club…The 8 to Faint Club…We all have a lot of work to do.

Solutions

In the next few days I will be outlining different areas where people will need help, whether they are in the settlement or decide to opt out. We met with some fantastic attorneys and processors while here, and our Team got a little bigger.

 

 

 

BP Claims Settlement a Reality Check

BP Settlement and How We got Here

BP Settlement  The days are coming to a close when you will have to decide whether you are in or out of the BP Settlement. It’s actually very sad that some of you will have to wait years to ever see a penny from BP.

They deployed their strategy long ago through Feinberg, when he made certain that many of your claims would never see the light of day; through the delay, deny, and defend tactics employed by unscrupulous insurance companies.  When he replaced World-renowned Claims Adjusting Companies with Law Firms with no experience in this sort of matter, to Process your claims, we all got screwed.

I am not saying that this was intentional on his part or their part, but when you look at a typical textbook play of how to thwart payments to claimants after natural disasters, major manufacturing mishaps, and pharmaceutical negligence you can now add the BP Oil Spill to the list.

The Settlement

If the BP Settlement survives, and I am betting it will, certain businesses that only show losses in 2010, but not 2011 will be the major winners. Individuals and businesses without a clear-cut or well-documented cases will simply have to wait. People who made a living from the Gulf will be compensated in some cases but most will be lost for years in the system. There needs to be some wiggle room, so that more people/businesses can fit into the Settlement framework.

And, we needed a better sample set of claims that would get PAID under the Settlement, but I am afraid a certain Processor made sure that would not happen, and used incompetence as the mechanism; very legal, very smart, and very shameful.

This trap was set a long time ago when Obama met with BP and struck the 20 Billion Dollar Deal. When Obama hired Mr. Feinberg he allowed BP to pay him and let him play by their rules.

Obama should have seen this coming and protected us, but he let BP dictate everything, from clean up to Corexit, from payouts to processing, it was never in our hands, it was always in BP’s.

We have seen a wave of offers come through lately, and have been promised payments for them soon, but we have seen nothing in the mail and, the clock is ticking. It is difficult for many to stay in the settlement if your claim is in limbo, and before November 1, 2012, you have to make a decision to either stay,  and find out you may not qualify, and get nothing, or go, and enter a third claims program actually run by BP, before you can even litigate.

The Settlement needs more time, the people need more time, the process needs more time. It is in my humble opinion, that the deficiencies of the BP Settlement have just begun to be addressed, and there is a great framework to work within here, but we need to see some fruit, we need to see how claims will be treated. There is just to much uncertainty, and that is leading to Fear, and to many people are capitalizing on that,

What Happens Next OPA, Opt Out`s, and Beyond

With the Opt-Out date looming, many of you will be told by Attorneys that you will need to Opt-Out now and sign with them immediately for the ‘Oil Pollution Act’ (OPA) presentment and maybe we can get you paid under OPA. You do NOT need an Attorney for OPA Presentment.

At this time, the Attorneys/Individuals/Consultants will need to have your basic information, and approximate loss figures into OPA, in by January 20th, 2012, so they can be formally presented by April 20th, 2013.

This will be the THIRD Claims process that many of you will be going through. Yes, the third claims process; this is how they wear people down.

Let me be clear hear, if you choose to Opt-Out you do not need to immediately sign up with an Attorney, if want help finding the best Attorneys that handle your type or types of cases, we can help you there, and we will.

In all Actuality you don`t even need an Attorney, not just yet, but be ready.

Do Not Opt Out Just Yet.

The leadership of the Settlement has done their best to get the system set up, and your claims processed as quickly as they could.

The reality is the odds were stacked against them from the beginning, and it took them too long to figure it out. Using the same processors that the GCCF used was ludicrous, and they were ordered to do so. People in high positions, based on past relationships trusted them, they were deceived.

Remember who hired them and fired the people that actually knew how to process these claims, yep, good old Mr. Feinberg. BP paid Mr Feinberg, and paid him well.

It gets better, or actually worse, under OPA presentment your claims will go to The BP Claims Program based out of Houston Texas.

The BP Claims Program is run by guess who, and administered by guess who, BP, it`s like taking the lambs to slaughter and guess who are the lambs?

That`s Right BP will be in-charge of paying your OPA Claim, so who in their right mind would be in rush to put their claim in their hands?  Not Me.

Choices

It is my humble opinion and I am not an Attorney, that you can either be lead to slaughter or choose to fight; call your congressmen, your senators, and vote in the upcoming election.

Many of you on our Facebook page have talked about Marching, I suggest New Orleans, It`s all up to you.

Isn’t that how we do things here in America, so if your as fired up as I am, jump onto our Facebook page and lets start talking about the details.

I have been told that Judge Barbier and Mr. Juneau are very solid Southern Men.  Gentlemen we have people dying out there, not just economically, but from the use of Corexit 9500.  I was told last week that 3 out of 4 boys died from one family in Plaquemines Parrish from Liver Cancer.  These boys were children.

Guys that worked the VOO are dropping like flies.  We hear these stories on a daily basis and nobody is doing a darn thing about it.

BP is Negotiating with the Department of Justice

As I am write this, BP and the Federal Government are negotiating another BP Settlement with the DOJ that is suppose to bring as much as 80% of that revenue back to the Gulf States under the Restore Act. The number is in the Billions; speculation is between $15B-$21B  May I suggest the feds step in and help renegotiate the Settlement that BP and the PSC came up with, and specifically give Mr Juneau and Judge Barbier some latitude and more power to handle this their way, and not have to ask BP or the PSC for permission. Things need to get done here!!!

It`s just a thought. If there was ever time to hold BP`s feet to the fire and get something done for the people I think now might be a real good time.

And One more Thing

The Macondo Well is still leaking, there is speculation from the Coast Guard and other sources it is an old riser pipe, well it`s been leaking for a really long time now.

The Oil was tested, and it is Macondo Oil and it is fresh oil, not mixed with the sludge you would find in a riser pipe, and does it not make this whole darn process null and void, under OPA, because you can`t settle a catastrophe while it is still happening. At least find out for sure where the oil is coming from first. Can anyone say R.O.V, c`mon now.

There is a six mile, and some days much bigger, Oil Stream coming  from the Macondo Well.  It sounds like the BP Oil Spill is STILL HAPPENING.

We would never be having this conversation had Feinberg done his Job, and actually paid Interim Payments.

 

We at BPClaims.org will do whatever we can do to Help You.

We have Never and will Never put Profit in front of People.

We have the most extensive network of Claims Processors and Attorneys throughout the Gulf Coast. They charge 15-25%.

We care and it shows, and we are going to call it like we see it, ’til everybody is made as whole as they can be.  I mean everybody.

God Bless…B

 

 

 

Top Tier CPA Firm takes on Incomplete Business Claims for 10%

BP Settlement Solutions for Business Claims

bp settlement  If you are sure your BP Business Claim fits into the BP Settlement, we have asked a CPA firm to help you with INCOMPLETE CLAIMS for 10%, as long as they don`t have to recreate your claim.

The fact is this, if a good piece of the work is done, why should you have to pay for it. This firm specializes in Business Claims, it is one of the largest in the country, and they have helped file 1000`s of claims for Attorneys and local businesses.

They have one goal in mind, and that is to help you get your BP Claims PAID.

Please fill out the form to the right, this is just for Incomplete Business Claims

Opting in or Opting Out

After reading the last progress report from the Fund, I am still seriously disappointed at the Individual Claims numbers.

I don`t understand how they can not extend the opt out date, it just has to be done. Otherwise there will be a mass exodus.

People are tired, and if you think you are owed money, and you probably are, you may want to put it in the hands of an Attorney. If you are thinking about opting out we have law firms that want to help you and will. Just fill out the form to the right and write in Opt Out in the description.

If the opt out date is not extended people will be forced to protect their rights, and BP needs to be held accountable.

Claims are getting Offers

We have seen over 8 million dollars in claims get offers in the last couple of weeks, (between our network . It was a hopeful sign, and one that we all welcomed, what we need to see is for those people to actually receive the checks now.

I believe they will, but it needs to happen sooner then latter. I think we have all waited long enough.

So what does the Future Hold

I`m trying to figure that out as I write this, the individual numbers are a sticking point for me. I am beginning to believe that they want to see these claimants represented by Attorneys so there is some sort of Class procedure that can come into play.

Business claims seem to be getting handled as do other sorts of claims. If you think about it, and you want to stimulate the economy, you put the money in the hands of business people and hopefully it all trickles down.

For many, if you do not fit into the Settlement you will need to Speak to an Attorney, they charge 25%

If your claim fits in to the Settlement and you would like to use one of our CPA`s or Adjusters the fee is 15%

 

The BP Settlement and More

The V Trend Explained

bp settlement  Many people are being told to opt out, or stay in The BP Settlement much of this discussion hinges upon understanding the V Trend.

If you are a Zone A Business or Individual you do not need to worry about the V Trend, just show a loss in 2010. Documenting those losses, under the terms of the Settlement are key.

To qualify under the settlement,  many businesses  need only show that their gross revenues for three consecutive months or more between May and December 2010 diminished 8.5 % (15% in zone D) as compared to the same months in either 2009, the average of 2008-2009, or the average of 2007-2009, this forms the first leg of the “V”- Shaped test.  For the second leg of the “V”-Shaped Test, the business needs to have an increase in 2011 of 5% (10%  in zone D) for the same consecutive months in 2010. There is a similar test for Individuals.

There are exceptions to this rule that we can assist you with.  Importantly, outside of what the settlement methodology requires, a business is not required to draw a connection between the oil spill and their drop in revenues. Please understand the last part, you do not need to show the Oil Spill caused the loss. In many areas though the Oil Spill did deflate an economic recovery that was occurring in many areas along the Gulf Coast, and they should pay for it.

BP Settlement Zones

The Coastal areas from close to Houston to Key West are a conglomeration of A, B, and C zones, aside from the coastal areas, the whole states of Louisiana, Alabama, Mississippi and the counties of Florida touching the Gulf are all zone D. To view the maps go here. Each zone has different RTP`s or Multipliers associated with it that will enhance the final calculation of your loss.

To Opt out or Opt In (That is the Question)

In the end the the decision is yours, at this point however there are a lot of people trying to answer it for you. Most of them are Attorneys with very large case loads. They have been holding their case loads over the heads of the settlement like a sledge hammer, telling the leadership if they don`t get their way they are going to tell their whole client base to Opt Out, and if the Settlement Fund did not get the show on the road they had good reason, the fund needs give them at the very least a sample set of claims. However it is my opinion the show is finally on the Road if ever so slowly leaving the Gate, and it is not time to Opt Out just yet. In about 2 weeks that answer may change.

Granted the BP Settlement, took a little longer to get going then anticipated, the date had to be extended, certain processors for the BP Settlement (Deepwater Horizon Settlement) had  issues, but it has begun. If you Opt Out you can choose to litigate or have your claims filed with BP, under the BP Claims Program, for some this is a necessity. You need to do this by November 1, 2012, you do not need to be aligned with an Attorney to Opt Out.

Now mind you, if you Opt Out of the BP Settlement, the Judge capped what an Attorney can charge you at 25% of whatever your claim receives under the BP Settlement, if you Opt Out it is going to be whatever you agree to.

BP Business Claims

Business Claims that could demonstrate losses under the the V trend model and other settlement remedies such as the failed business model have done  well lately, and recently we have gotten quite a few offers in. The numbers that our Claims Professionals have come up with, and what has been offered by the settlement have been as little as 1% off. The offers we have seen from the Settlement have all been fair, and they have all been accepted by our clients.

Why some Claims have Languished

What we have seen so far is that Individual Claims and Seafood Compensation Claims have not done well under the Settlement, due mostly to staunch documentation issues and because many processors and Attorneys decided to place an emphasis on business claims. Some documentation issues have recently been relaxed, and more people were hired to process claims by The Settlement.

After 2 1/2 years of trying to get people paid through the GCCF, and then the Settlement, many coffers were low, and the groups in this litigation for the most part, but not all rushed to get Business Claims that worked under the terms of the BP Settlement in first. This left many Individuals who have waited patiently, still waiting to be processed and many are being urged to Opt Out, and pursue litigation.

Many of these people have elected to release their Attorneys and  Consultants recently and decided to go it alone or seek help elsewhere, and who can blame them. I strongly urge you to at the very least to see if your claim has been processed before doing so, and what is the calculation. If it has not been fully processed at least get an idea of when it will be, and if the Settlement is good for you.

Often the people helping with your claim are not at fault, the entire process has let you down. People are tired, and they have every right to be. There really needs to be a better solution for them. We really are all in this together and I urge everyone involved in this to stop putting profit before people and do the next right thing.

Now with all of that being said, for many Individual Claims and others it may be better to Opt Out and get with the right Attorneys and become a member of some class that may form down the road, or another remedy such as OPA presentment. We have reviewed and submitted a large number of Individual Claims in house recently, and I have to tell you their numbers and the lack of documentation that they can come up with does not bode well for them under the Settlement.

If you have all of your documentation and you can Clearly demonstrate your loss the above statement may not apply to you. However some of the Attorneys that have been at this for awhile are truly pros when it comes to this sort of litigation and I urge you to listen to them, they have a strategy, people need to judge their own claims based upon realistic expectations and proper documentation, in the end the choice is yours.

Now mind you I am not an Attorney and in no way is any of this legal advice, I am simply laying out the landscape as I see it, I am a large proponent of PPP, ( pause, pray and proceed), the answers will come.

BP Settlement Solutions

If you would like to understand more from an Attorneys point of view go to OilSpill-Attorneys.com, the Attorneys you will find here are a consortium of highly skilled Attorneys, who helped create this site and clearly expressed their views.

If you would like to use a Processor, and have a clear cut business loss you may want to use our highly skilled and trained Group of Claims Adjusters and CPA`s.

Mind you Processors can not give legal advice, and Attorneys can, that is something to consider at this point with the opt out dates coming up.

Neither gets paid until you do.

Again the decisions are yours.

We will help you with your BP Settlement and Beyond.

Visit Us on Facebook.

Best of Luck to All.

If you Need Help call 1-800-BP-CLAIM

BP Settlement News on Facebook and Beyond

Deepwater Horizon Settlement Claims and Thoughts

bp settlement  One of the best things we did recently was put up a Facebook site called DeepWater Horizon Settlement Updates. It has fostered spirited discussions, and led me to more fully understand the frustrations shared by so many. It has also educated me and others in many ways.

The Leadership of the Fund could learn a few things from the contributors, and I invite them to join the discussions.

Trending BP Settlement Conversations

  • Attorneys are preparing for a mass exodus from the Settlement, especially if Claims don`t get paid soon, and I mean real soon.
  • People are seeing the same patterns with the GCCF and The Settlement.
  • If this continues people will be mobilizing and seeking retribution from BP
  • The Media has chosen to Opt Out for the most part, and people feel there is a conspiracy going on.
  • People are tired of waiting, and who can blame them.

My Thoughts on what is Trending and Beyond

  • Many people have individual claims and they have been underserviced in the Settlement.
  • Fact: many Attorneys and Processors prioritized their claims for the BP Settlement by dollar value and businesses went in first.
  • The paperwork needed initially was to intensive, hopefully the new rules and sworn statements will help.
  • People need to give the New Fund more time, but they NEED to step it up.
  • The Media has not Paid enough attention to the struggles after the spill, specifically sick people.
  • Data around catches is false, specifically the last news article about the rebound read it here
  • We will see a full environmental collapse in some areas
  • We are being fed a highly orchestrated stream of p.r. from our government, media, and BP.
  • Where is Anderson Cooper when we really need him.
  • People who received Quick Pays need to come back to the table.
  • Medically things are much worse then we know.
  • We need more time to evaluate the true environmental aftermath of the spill.
  • BP is playing for time and always has been.
  • For some the Settlement is wonderful, specifically businesses outside of the area directly impacted by oil.
  • For others it just won`t work, people who make a living from the Gulf and folks with real Medical Issues.
  • Most people don`t realize they needed to completely update their claim if it was with the GCCF for the Settlement.
  • Attorneys need to be totally transparent as to where a claim is at, even with the new login that allows a claimant to see status, they still don`t know how well documented the claim is. People need to know if their claim is actually complete or were just a few papers filed as is often the case.
  • The whole process needs more time, we should not be bound to 3 years per OPA because we didn`t know what actually happened until year 4 with the Valdez and that is just STUPID.
  • Too many people put profit before people throughout this whole process.

I am sure there is more, but these thoughts came to the forefront, as always we will help you with your BP Settlement Claims, we can help you get to Attorneys that actually walk their talk if needed, or process your claims ourselves, and we remain committed to helping you all any way we can.

Some Good news lately, we did get a few claims paid recently, and our Calculations were less then 1% off.

Non Attorneys charge 15%, and Oil Spill Attorneys charge 25%, one way or another we will get you the help you need.

Best of Luck with your BP Settlement.

 

DeepWater Horizon Settlement News “Cha Ching”

DeepWater Horizon Settlement Paid Claims Last Night

deepwater horizon settlement  After a dismal start regarding BP Business Claims and Individual Claims, we saw the flood gates open up a touch last night. Lets hope they stay that way.

Checking in this morning with other Claims Processors and Attorneys that we are connected with, every single processor saw BP Claims receive offers, and more come into review.

We saw Business Claims and BP Realtor Claims receive the majority of the offers, and they were healthy.

Our calculations were less then 1% off from the offers.

Why are they paying Now

The DeepWater Horizon Settlement Leadership has to pay these claims, before there is a mass exodus opting out, and they have to do it NOW. We were told it would start on the 10th, well it started on the 17th.

The numbers they released on the 4th were dismal at best. I know a lot of you have been waiting a long time, many of you had lost faith in the whole process, I am here to tell you. This is for Real.

I have had the opportunity to speak with some of the leadership of the Settlement, these guys are for real, and yes there are seriously real issues plaguing them, and the process.

One processor that had issues in the past, seems to have the same issues again, telling people their files are incomplete when in fact they are not. I have been told by reliable sources the problem will be fixed, one way or another.

Juneau told the Judge he wanted to have 1/3 of the claims have Letters of Determination or offers by the 1st of October.

If you want to get your BP Claims Paid Now is the Time.

If you are thinking of opting out, I would wait to see if this trend continues.

If you want to get Paid, fill out the form to the Right.

Our processors charge just 15%,

If you decide to Opt Out or need the Help of an Attorney they will charge 25%, there are certain types of claims that should definitely consider this option.

We will help you with your BP Settlement.

The Choices are Yours.

BP Property Claims and VOO Claims get Paid and much More

BP Property Claims and VOO Claims get first look

bp property claims  The DeepWater Horizon Settlement Fund has certainly made a priority of paying VOO Claims and property Claims first. With over 3,300 Notices sent out, over 3,150 are either for BP Property Claims or for VOO Charter Payment.

VOO Charter payment accounted for over 2,500 Eligibility Notices for Payment. We told you VOO Claims would be the first to get paid months ago. We have gotten VOO Claims processed and paid in under a week.

BP Claims Status Report

On September 5th the Claim Administrator Pat Juneau , made available a report on the progress and the status of the claims review process. There are serious issues that they are encountering, they are trying to develop workarounds to these issues.

BP did not seem to be amendable regarding some of the workarounds. Shortly after the report the Department of Justice came out with a statement that they would be pursuing Gross Negligence charges against BP. A few days after that The Settlement Fund came out with a notice that some document requirements would be relaxed. Hopefully BP got the message, and this will allow for more claims to be paid, and faster processing.

According to the Report many claims did not have sufficient documentation.

  • 40% are missing one or more required documents
  • 52% of Represented and pro se Claimants Claims were incomplete
  • 48% of the claimants had claims with the GCCF that were incomplete
  • 8,100 claims have been reviewed since mid-July

The numbers of Business Claims, Seafood Compensation Claims, and Individual Loss economic claims that have received an eligibility notice for payment is tragically low. This will hopefully change as the documentation guidelines have been relaxed. They needed to be.

This what we have seen through our network, VOO Claims are getting paid, many of the VOO Claims we have gotten paid had already taken Quick Pays.

Many of our larger Business Claims and those in our Network, have Claims that have gone under review. Several firms in the Network have received offers for their Business Claims, most of these offers were accepted and considered to be fair.

BP Settlement Fund has much to Do

The report went on to say that The Settlement is trying to get out letters of determination to over 30% of the Claimants by October 1. We had been told they were attempting to do this by September 10th.

We have been recently told  they will be sending out letters of determination to over 3,000 by the end of the week, with approximately 1/3 of them receiving offers, in essence by October 1, over 15,000 people should know exactly where they stand.

Time is running out for the BP Settlement, I do believe the people in leadership positions have the best intentions. I also believe that they are running head long into obstructions that have been there since the GCCF, and if these obstructions are not removed very shortly the settlement may not survive.

If BP does not play ball and actually try to move the process forward, instead of hiding behind their lawyers and legal wrangling, there will be serious ramifications, whether it is through a Massive Boycott, the D.O.J, or some other mechanism. I guarantee to you, it won`t be pretty.

The BP Oil Spill was their fault not Ours. We need to hold them accountable, and We will.

Issues that need to be Addressed

Some real areas of concern right now are revolving around the environment, Oysters in Apalachicola and the surrounding areas are not spawning. We all know that Corexit is to blame, I was told BP was trying to blame it on past storms. My suggestion to BP is to take FULL responsibility for ALL of the Environmental after shocks of this Disaster.

Medical issues are continuing to worsen for many. People that were on the front lines are dying from very aggressive cancers. The National Institute of Health that has been taking samples for months,  are sending out very vague letters staying very clear of linking the Oil Spill or the use of Corexit to these peoples health issues. People are dying here, we need real answers, not rhetoric.

Quick Pays, one thing I have learned form many of the people that make a living from the Gulf is that many of you have have issues reading, and many of you took Quick Pays. There is not one doubt in my mind that you were preyed upon, this issue needs to be fixed, and fixed now. With all of the issues the fisheries are having and the catches dwindling as they have, people are getting very desperate out there, and something needs to be done for them.

We will Help You

We remain committed more then ever to helping you through this process and are forging ahead with a number of entities of helping you get through this Disaster. As the process evolves so will our Strategies.

We have recently formed a relationship with a consortium of committed Oil Spill Attorneys that have a long history fighting for your rights. They specialize in BP Denied Settlement Claims, and the majority of other claims covered by the settlement, and those that are not. They are also not afraid to litigate you BP Claims.

We have also forged a relationship with an Adjuster and Accounting firm, one of the largest in the country, that specializes in BP Business Claims. They have over 300 full time CPA`s, and have retained some of the most knowledgeable people in this process.

Attorneys traditionally charge 25%

Non Attorneys charge 15%

We will Help you with your BP Claims and Beyond.

 

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