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BP Claims Future Loss and the Fisheries

BP Claims and the Future of the Gulf Coast

Dolphins Dying of Gulf Beaches

With BP trying to mitigate damages by saying everything is back to normal economically, and they will not pay BP Claims for future loses, except in a few cases such as Oystermen, one can`t help but wonder what the future holds for the BP Claims process. The BP Claims process was supposed to make everything right as we endured the worst man made oil spill in history. Remember that it was BP`s negligence that caused the oil spill in the first place, and the BP Claims process was supposed to make it right, or at the very least, as right as it could be. What draws many people to the Gulf Coast is the natural beauty of the Gulf, the fresh seafood, and the splendor of spending a day in the blue waters of the Gulf of Mexico. By all accounts from fishermen, oystermen, shrimpers, and crabbers the Gulf`s health has issues. If the Gulf Health deteriorates as has been evidenced, will people want to come here to vacation, and that seems to be the only factor that BP is using when it speaks of taking future loses out of the BP Claims process.

Gulf Health and BP Claims

If the Gulf of Mexico faces a catastrophic decline in marine populations, and there is some evidence of this already, what will happen to the tourists who have historically come to enjoy the seafood and bathe at the beautiful beaches. Three out of five people won`t eat Gulf Seafood. If it is not safe for the animals that call the Gulf home, are you really going to let your kids swim in the Gulf. It may not come to light this year, but there is mounting evidence that in the following years we could see a steep decline of locally harvested seafood from the Gulf of Mexico, and it is quite possible the Gulf will have a stigma to it, that no amount of BP Claims money will ever be able to fix.

Environmental Indicators and BP Claims

Certain Areas are reporting the Crab catch is down about 75% of from previous years, the brown shrimp catch is down about 90%,  approximately 80% of the oysters are dead, fishermen are noting substantially decreased numbers of what was once plentiful catches, and the GCCF is slow to pay people on the front lines their BP Claims money. It took years to figure out what was going on environmentally after the Exxon Valdez tragedy, this is happening at warp speed in comparison. At the same time BP is trying not to pay for future losses for BP Claims, meanwhile we are finding once steady fisheries in collapse, and this is year one. Oyster beds are not going to come back for years, the GCCF admits that, the crabs don`t seem to have any eggs with them, and die shortly after harvesting, these are leading indicators of the Health of the Gulf, and it`s surrounding waters. No amount of BP Claims money can make this right.

How We Work with you and your BP Claims

BP Claims New Tactic Deployed

GCCF`s New BP Claims Delay Tactic

BP Delays Claims Again

The GCCF`s new tactic to delay your BP Claims is called the Deficiency Notice. After speaking with 4 business owners last night, they ALL had just gotten deficiency notices for their BP Claims. The Business Owners had already provided the documents that the deficiency notice said were missing from their files. The documents were never missing from their files, but the GCCF said they were, and they could not process their  BP Claims. Again their BP Claims were delayed.

BP Claims Mislabeled

One of the individuals who owns a good size business decided to go down to his local GCCF office and talked to them directly about his BP Claims. He had spoken to this person before and she went through his file with him standing right there. After going through the file they found the documents the GCCF said were deficient. The documents were there, they were just mislabeled. His BP Claim was then sent to a Claims Review Specialist. The new Claims Review Specialist has given his claim a new number, and can now look up all the pages in his BP Claims to finally make a determination on his claim. He was told that he would have an answer shortly regarding his BP Claims.

BP Claims Pattern

After making four phone calls yesterday to follow up with people, they all had the same exact story about their BP Claims. Coincidence, I don`t think so. The GCCF is pulling out every tactic it can to delay your BP Claims. Mislabeling documents that have already been sent in might happen once in awhile by careless processor, but not four follow up  phone calls in a row. Has the GCCF  mislabeled BP Claims documents intentionally, only to buy more time and frustrate the people in the BP Claims process, I think so. This is just one more road block that the GCCF is using to frustrate and delay people from receiving their BP Claims money, and hoping they go away.

Getting your BP Claims Paid

BP Claims and how to get Paid

Getting Your BP Claims Paid

You can make BP claims with the Gulf Coast Claims Facility created by BP and Ken Feinberg, who promised to ” Make it Right.” They also said your BP Claim would be handled within 90 days after the Emergency Claims deadline of November 23, 2010, but many who filed right after the deadline are still waiting. It is mid-June now and individuals and businesses have been waiting 9 months for their BP Claims money, only to hear we need more documents or their case is under review. Even worse, many people waiting for their BP Claims money, were told they were denied or simply offered the 5k quick pay for individuals or the 25k quick pay for businesses as long as they agreed not sue BP.

The best results I have seen for people going through the BP Claims process has been to hire a BP Claims Attorney. Instead of the GCCF being able to use bullying tactics, good oil spill attorneys will handle them for you. Instead of being offered for 1- 2 years of losses from BP, which I still have not heard of happening, oil spill attorneys will ask for 3-5 years of losses and handle negotiations for your BP Claims money for you. They will also push for interim payments so that you have some time to evaluate the true impact of the oil spill on you or your business.  Many interim claims payments have been accompanied by final settlement offers. It is up to you to accept or reject your final BP claims settlement.

If your BP claim was denied, it may be a blessing in disguise, as you probably have all of your paperwork available, and when you give it to an Attorney they may be able to point out that you should have filed multiple BP Claims, or other things you may have overlooked. Having all your documents in order will certainly expedite your BP Claims.

BP Claims: How Long does it Take

If you are still waiting for the GCCF to “Make it Right,” your BP Claims money may have to wait until February of 2012 when the litigation is scheduled to begin.  They may make an offer between now and then, but I would not bet on it unless it is a quick pay, or a low ball final settlement. Now mind you the GCCF could have a change of heart between now and then, and become immensely fair and truly try to make it right, but again I wouldn`t bet on it; it just doesn`t fit the present corporate culture when it comes to handling BP Claims.

BP Claims Attorneys that we have connected with have gotten their BP claims paid within 2 months recently. These attorneys know how to deal with the GCCF and they know how to organize your BP Claims and maximize your BP Claims. They are also quick to point out that you and your family or business may have multiple BP Claims. There is also an accelerated BP Claims process that I have been recently told about that helps large employers avoid laying off employees. Though there is no set time table to get your BP Claims paid, it does seem attorneys get them done much faster.

 

BP Claims: The Trickle Down Effect

If large segments of a community lose the ability to work, it’s natural that they stop spending money for other things.  If they had received BP Claims money from the beginning it would have encouraged spending in those areas. Instead, businesses and the employees that work in those businesses bore a large brunt of the economic hardship and often the BP Claims process tries to overlook them. Beauty parlors, lawn services, general contractors, restaurants, many in the service areas of the Gulf economy were severely impacted by the Gulf Oil Spill. Any non-essential business was hit hard when people stopped spending in the Gulf Region, though BP has made it difficult for many in these businesses to file BP Claims, often citing that there is no correlation between the spill and the economic downturn, though we all know differently. The Oil Spill did have a direct economic impact for many and they should be compensated through the BP Claims process.

BP Claims: Under Review

BP Claims: The Fox and the Hen House

BP Claims Czar The economy was impacted that Much

We have seen an uptick in BP Claims offers being made to Individuals and Business`s in the last week, however we have also seen a large number of denials of BP Claims that looked like they should have been paid. If you read this blog you know we follow the BP Claims process very closely. Though we did see offers come in to a few in the construction field, and the fishing industry, many of the other Individual and Business BP claims were denied for a lack of paperwork, or proof of loss. Other offers that came in were traditionally a little less then half of what was being asked for, some were just absurd and look as thought they are heading towards litigation.

It`s really a shame that many people were again told your claim is under review for 7 months, only to find out it was denied. The BP claims process has been mishandled from the beginning by Ken Feinberg and BP. Mr Feinberg wanted you to believe he was independent, it took a court ruling from Judge Barbier to stop him from saying that. A recent report blasted Obama for not taking a more active role, and leaving Feinberg in charge. The BP Claims process very much reminds me of the old adage the fox is guarding the Hen House.

 

BP Business Claims: Has your Company Lost overall Value

“All businesses are valued based on a number of factors, but the factors that matter the most are cash flow and risk,” For smaller businesses, cash flow is typically defined as a form of adjusted profit, like Seller Discretionary Earnings. The BP claims process has no clear cut methodology for the consideration of a Business`s overall loss of value.

Evaluating a BP Business Claim for loss of value may involve multiplying the adjusted profit of the business times a multiple. For example, assume a fish processing plant nets $1 million in profit per year, and then assume fish processing plants sell on an average of three times the profit. This company would be worth an estimated $3 million. Now assume that post-oil spill, this same company is expected to net only $250,000 per year for the foreseeable future. The value of the fish processing plant, based on an income approach, is now three times $250,000, or $750,000, a loss in business value of $2.25 million dollars.

Forensic accountants involved in the BP Claims process often use this formula, coupled with other formulas to figure the true loss of a business that was damaged by the Oil Spill. The more documentation that can be gathered to support your BP Claim, can help you substantiate your loss. Many experienced BP Claims Attorneys have Forensic Accountants on staff.

BP Claims and what to do Now

With BP trying to mitigate it`s damages and it`s overall lack of consideration to those affected, it is my personal opinion that the best thing you can do is to find a good lawyer who has had success against BP, or at least understands the GCCF process and has gotten their clients paid. We have connected with those attorneys, and they have gotten results for people and their BP Claims.

If you Google BP Claims the first ad you will see is a paid ad from BP,

It Reads:

Visit BP’s Claims Page & Learn How To Make A Claim Without A Lawyer

So lets think about this, the company that has left the majority of Gulf Coast Residents in economic collapse, say`s you can make your claim without a lawyer, and you can, And you can wait to hear hear the words “under review.”  This should actually be BP`s slogan,  Your claim is under review, while your house gets foreclosed on, your business is forced to close, your car is repossessed, your family disintegrates, the kids are forced to live with Grandma and Grandpa, and there is no food in the fridge.

At this point though don`t you think if BP is telling you, or suggesting to go left, you sure as heck better go right. If the company whose slogan is “Making Right” really wanted to, they would not have been dragging their heels and causing the collateral damage to so many who wanted to believe all the hype and believed Mr. Feinberg and BP were really going to make it right. If you are tired of hearing “under review”  or were denied, fill out the form to the right, experienced BP Claims Lawyers are only a click away. If you don`t get help here for your BP Claims, I suggest you get help somewhere, anywhere but with them. The company who says it is “Making it Right” needs to put that slogan Under Review.

BP wants to Dismiss BP Claims

BP Attempts to Derail the BP Claims Process

“BP’s position is not that every single claim needs to be dismissed,” Andrew Langan, BP’s lawyer, told U.S. District Judge Carl Barbier at today’s hearing. Claims that have been improperly filed or not yet presented to BP’s trust fund should be dismissed, he said.

So in essence BP does not want to pay your BP Claim if you made a mistake on your BP Claim or  if you haven`t filed one yet. Unless I am reading this way out of context, and I don`t think I am, BP is trying to mitigate it`s damages and block people from becoming part of the BP Claims process, if they have not already received your BP Claim, or they made a mistake filling it out. The truth is more then 70% of those eligible still have not filed their BP Claims.

Report Blames Obama, BP Claims not getting paid

The committee, chaired by Darrell Issa, said: “Many believe BP is not meeting its obligations and the federal government has abdicated its responsibility to intervene. The report also strongly criticized Barack Obama’s administration for failing to take charge of the clean-up and compensation, slamming the President for placing “the perpetrator of a reckless and unnecessary tragedy at the helm of the recovery operations”. The BP Claims Process has created the following according to the report “excessive compensation delays, inconsistent judgments, requirements that victims relinquish further claims against BP as a condition of compensation, and efforts to dissuade victims from obtaining legal representation.”

The report cited several glaring examples of the lack of consistency in the BP Claims Process. perhaps the most glaring was two fishermen in the Lafourche Parish who filled out very similar claims and had similar incomes, but one received $100,000 more. We have heard even worse BP Claims inconsistencies, for example we have often heard of two waiters or waitresses at the same restaurant, making the same money, putting in identical claims, only to have one claim accepted and another rejected. The BP claims process has been anything but fair.

BP Claims and You

I urge you to look at your income from previous years compared to 2010 and 2011, I urge you to look at the value of your Business, if you notice a drop, and it is in anyway connected to the Oil Spill, I strongly urge you to file a BP Claim. If you lost revenue, and it is Oil Spill related you are entitled to file a BP Claim. Personally I believe the whole Gulf Region was shutdown during the whole spill, and people immediately stopped spending. Some areas are rebounding faster then others, but what does the future hold?

BP set aside 20 Billion dollars to settle the BP Claims. According to recent articles, BP thinks it can get them all settled for less then 5 Billion, last month they thought they could have everything settled for less then 10 Billion, in essence BP just saved 5 Billion Dollars in one month, and do you know whose pocket that 5 Billion Dollars came from, it came from YOURS. BP is trying to shirk their responsibility to pay BP Claims, just listen to their own lawyers.

So if you want Help, we have connected with what I feel are some of the Best Attorneys in the country to handle your BP Claims, they can tell you if you have a BP Claim, and that is Free.

 

BP Claims and GCCF Settlement News

The GCCF to Settle Some BP Claims in Mass

I have been informed by several large firms that they are in discussions with GCCF and BP Claims Representatives. They are preparing to settle their entire case loads, or blocks of them with the GCCF. We are in constant contact with these firms, and can help you get your BP Claim included in these settlement proceedings. That being said there are no guarantees, but if you are serious about settling your BP Claim and you are tired of being put on hold by the GCCF, now is the time to fill out our Free Case Review Form. The BP Claims process has been a nightmare for many, they have strung out so many for so long, with no end in sight, only to keep telling people, your BP Claim is being reviewed. This is just a tactic by the GCCF to get you to give up on your BP Claim,  or accept a token offer.. I have been telling you all for weeks that the GCCF was getting ready to settle out BP Claims in blocks or the Attorneys entire case load, well the time has come to get paid for your BP Claims.

You may have Multiple BP Claims

What many people failed to realize is that they were also able to file several different BP Claims with the GCCF. For example if you had a business, a few pieces of real estate,  couldn`t find other work, participated in the VOO program, you would have multiple BP Claims. The GCCF does not want you to recognize this. It is important for Business`s and Individuals to recognize and relate each area where the Oil Spill cost them money. If you are a restaurant and the oil spill caused a rise in seafood prices, as was the case as much of it had to get shipped in, besides just loosing customers, you also had your costs rise, how long will that go on for. Lets say that restaurant also owned the building, and the land it sits on, that`s another BP Claim.

Denied BP Claims

If your BP Claim was denied, it is not the end of the world. The good news is you probably have all your paperwork together or at least the bulk of it. The Attorneys we have connected with can help you organize your claims. I have been hearing from 100`s of people who worked next to people who got paid, yet they were denied their BP Claim. This shows the inconsistency of the GCCF and the BP Claims processes. The GCCF most often strung these people along, again saying your BP Claim is under review, or we need more documentation. Then out of the blue many went to their mailbox, or checked their BP claims status online only to find out they had been denied.The BP Claims process has been anything but fair, and the Attorneys we have connected with understand that. It is time to get your BP Claims paid and the time is NOW.

BP Makes Claims: Follow the Pattern

BP Claims against Partners

BP asserted claims against Cameron, Halliburton and Transocean in the limitation of liability action,” the report said. “BP’s claims against Transocean include breach of contract, unseaworthiness of the Deepwater Horizon vessel, negligence (or gross negligence and/or gross fault as may be established at trial based upon the evidence) … as well as a declaratory claim that Transocean is wholly or partly at fault for the Incident and responsible for its proportionate share of the costs and damages.”

The report said, “BP’s claims against Cameron assert that Cameron is liable under maritime law for providing a blowout preventer that was unreasonably dangerous in design based on certain design defects, that Cameron was negligent with respect to certain maintenance and repair that it conducted on the Deepwater Horizon BOP …”

A blowout preventer is a giant valve designed to prevent sudden eruptions of pressure.

BP Claims against Haliburton

Moreover, the report said, “BP asserted claims against Halliburton for fraud and fraudulent concealment based on Halliburton’s misrepresentations to BP concerning, among other things, the stability testing on the foamed cement used at the Mississippi Canyon Block 252 well; for negligence (or, if established by the evidence at trial, gross negligence) based on Halliburton’s performance of its professional services, including cementing and mud logging services; and for contribution and subrogation for amounts that BP has paid in responding to the incident and oil spill, as well. …”

Also on April 20, the report said, BP filed a complaint in federal court in Houston against Halliburton alleging “the same counts as BP’s claim against Halliburton in Transocean’s limitation of liability action.”

Halliburton, Cameron and Transocean all filed countersuits.

How Does this effect the BP Claims Process

If you look at how this is playing out between BP and it`s partners, you can see a pattern forming. Everybody is pointing the finger at someone else. It only makes sense that when it comes to BP paying on the claims it is going to point the finger at every other factor it possibly can.

BP is going to utilize every piece of leverage it can, to pay the most minimal amount possible to claimants. BP will point out the lingering effects from Katrina, the slumping economy, and now the great flood of 2011. If they hold true to form , BP will try to make the BP claims process muddier then the Mississippi.

The BP Claims and GCCF Claims Process is Broken

The GCCF Independence Charade

The GCCF is controlled by Arthur Feinberg. Mr Feinberg is employed by BP. The BP Claims process was created by BP, then revamped by Mr. Feinberg under the GCCF banner. During this transition, the process has stalled, and left many without the promised cash along the time lines promised. Mr Feinberg would like people to view he and the GCCF as independent of BP, they are anything but. For example, if your claim is over 250k it needs BP approval. So much for being independent. Finally Judge Barbier ruled that he was not, and could not tell people that he and the GCCF were independent.

Should we wait on the GCCF?

There are a lot of people who have taken a wait and see attitude, while many who were in more need, are now homeless, due to foreclosures and cars getting repossessed. For the life of me I can`t understand why there was not a moratorium for foreclosures and repo`s through out the Gulf region, for individuals that showed a direct link of loss due to the oil spill. Why make people wait, wait, and wait, only to lose everything. There were people that have been waiting since the GCCF took over, for their BP Claims money, only to get waited out by the GCCF, and forced to take a quick pay deal. So when everyone was waiting for the check to come, and desperation grew,  BP made quick pay offers of 5k for individuals and 25k for business`s, but they had to sign away any future claims, and agree not sue BP. Now does that sound like they are really here to help people.

The GCCF claims system is broken

How many times I have been told that somebody`s paperwork got lost, or they haven`t heard for months, then only to get a denial. The GCCF claims system is broken. It`s supposed to be saving people, not helping them reach new found levels of desperation. BP claims money simply should have gotten to the people by now. Instead BP is trying to narrow the field of claims they will pay, today they came down on moratorium claims. Claiming that they are not responsible for the government banning deepwater drilling. Memo to BP, Obama wouldn`t have closed down a whole industry, if it was not for your catastrophic failure to notice the obvious. Your checks and balance system was corrupted and broken, your corporate culture was based on selfishness not safety, and was  most exemplified by Mr Hayward. Then you tell us to trust you, and wait for our GCCF Claims offer, still waiting.

 

 

 

BP Defends GCCF against Moratorium Claims and VOO Claims

BP Claims & GCCF hide behind OPA

The U.S. Oil Pollution Act, which requires companies to compensate people and businesses harmed by an offshore spill, makes clear that liability is “limited to damages directly caused by a covered oil spill and that indirect or derivative losses are not compensable,” BP said in papers filed yesterday in federal court in New Orleans.

BP said it isn’t responsible for damages to boats that participated in its VOO program or for the losses of Gulf Coast businesses idled by the U.S. deep-water drilling moratorium.

VOO gets dealt a blow by BP/GCCF

In March, hundreds of boat owners and contractors who participated in cleaning up the BP spill filed a master complaint seeking compensation for unpaid wages, vessel damage and physical injuries from contact with the spilled oil or chemical dispersants used to break up the oil. BP yesterday asked the federal court in New Orleans overseeing spill suits to dismiss claims by these plaintiffs under the Oil Pollution Act.

We will see how BP handles these claims through the GCCF process, they also went on to tell Louisiana that they needed to go through the GCCF process before they sue BP.

GCCF Uses Delay, Deny, Defend strategy again

If you all remember, and I am trying to emphasize this, the GCCF and BP are using a Delay, Deny, Defend strategy. If the GCCF and BP wanted to pay people they would be. They are following the text book of how to handle situations such as this. The book was written by unscrupulous insurance companies, and is often implemented when companies are trying not to pay, and it works. The GCCF could be more consistent and kind when it comes to paying BP Claims.

The good new is, some of the lawyers we have connected with will take these GCCF claims.

 

Law Firms still Filing Transocean Claims

Transocean Claims

I was informed that Judge Barbier had inferred in court that Law Firms could still file on behalf of claimants against Transocean, and some firms are. There are NO guarantees here. The deadline was April 20th, if you did not file and would still like to, here is your chance, I can`t guarantee it will go through, but there are firms that will give it a shot. So if you fill out the form to the right and put Transocean in the description, we will see to it that your claim gets to them. My thoughts on this are, that Judge Barbier saw that many firms were swamped with requests and is giving them a touch more time to get these in. This is pure conjecture,  but that is the only valid reason I can figure.

Transocean Limitation Complaints

Directly taken from the Plaintiff Steering Committee website:
1) What is a Limitation Complaint?
When a vessel owner, such as Transocean, the owner of the Deepwater Horizon oil rig, forces all people who have claims resulting from an incident to make any claims against it in one proceeding. In that proceeding, the Court is asked to decide whether the vessel owner can limit its liability (or what it is responsible to pay) under the law.The Court may also determine other issues, such as the liability (if any) of the vessel owner, whether the vessel owner is liable for gross negligence or the amount of fault between and among the defendants. Gross negligence involves a reckless disregard for the safety of others.

If you can get into the process you will be covered by the February 2012 trial issues.

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