Tag Archives: bp oil spill
BP Settlement News
It seems as if BP will try just about anything to stop paying out BP Claims. Their new full-page ads in The Wall Street Journal and New York Times are stating that many lawyers and claimants whose losses are not spill-related are benefiting from the settlement.
Establishing the new “BP Fraud-Hotline” is another scare tactic the company is using to deter claimants from filing. This hotline is for “people that want to do the right thing by reporting fraud or corruption” in any step of the claims filing process. Even though many believe the monkey business that was going on behind the scenes of the settlement was an isolated incident, BP is trying to scare people away from filing claims with the threat of being found guilty of fraud.
The Truth behind the BP Settlement
The truth of the matter is that BP AGREED to this court supervised settlement. THEY set up the guidelines and parameters. THEY established the affected “Economic Loss Zones” and determined the percent of decline and incline in revenue needed to prove the claimant’s causation.
Their negligence and greed caused the biggest oil spill disaster in history, they should be held accountable, and they should certainly be held accountable to pay the qualifying claims under the settlement they AGREED to.
BP’s tactic is delay, deny, and defend.
They delay BP Claim payment with incompleteness notices, document investigation processes, and appeals.
They deny BP Claims when they are missing one piece of documentation that is not accounted for.
They defend themselves by continually asking the courts to stall payments so they can keep gaining interest on the remaining amount left in the settlement.
They’ve asked to exclude certain industries from the settlement numerous times.
The fact of the matter is BP agreed to the terms of the Court Supervised Settlement. It was written to pay BP Claims which meet certain guidelines, and to exclude certain entities as well. Thus far, their efforts to change the guidelines of the settlement have been unsuccessful. They cannot rewrite the settlement they agreed to. If they are somehow able to change the settlement in their favor, something needs to be done for those that lost everything but were outside of a zone, or those who took quick pays for much less than they deserved when they had no other choice.
BPClaims.org is here to help with your BP Settlement
We are on your side. We fight for the people of the gulf. We know what BP is doing, and that they are trying to paint themselves to be the victims of fraudulent claims. Their greed and negligence took 11 lives in 2010. Who were the victims then? Who are the true victims? So many have lost their livelihood and health because of this disaster. BP is just a big corporation trying to keep their money in their pockets
By: W.C. Bohack
BP Settlement and How We got Here
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.
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.
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.
The V Trend Explained
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.
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Best of Luck to All.
If you Need Help call 1-800-BP-CLAIM
BP Property Claims and VOO Claims get first look
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.
The BP Settlement is Under Review
For many of you the words under review are reminders of the GCCF, but the fact is the BP Settlement is being reviewed by Attorneys, Adjusters and Advocacy Groups. The BP Settlement on the whole is favorable for the people it was meant to serve.
The general idea of the BP Settlement is meant to serve the greatest good for the largest amount of people possible.
Our major concern under the BP Settlement continues to be the 2.3 billion dollar cap for Seafood Harvesters, they of all should not have a cap under the BP Settlement.
BP Settlement who we can Assist
The BP Settlement covers economic losses in zones and in regards to Industry. There are maps, there are multipliers, there is trend analysis, and to top it all off it is over 100o pages.We will be publishing everything as we go through the BP Settlement.
The BP Settlement is complex but it does cover more individuals and businesses and due to its nature there will be many more people with Multiple Claims.
We can Help you if you fall into the following BP Settlement Categories:
- Your business suffered losses due to the BP Oil Spill
- You are an individual that suffered losses due to the Oil Spill
- You make a living from the Gulf of Mexico ( Seafood Harvesters)
- Your property or the value of your property was impacted
- You have a Subsistence Claim
- You got Sick from the Oil or the Dispersant Corexit
- Your BP Claims were Denied or are still sitting at the GCCF
- If you need help from Catholic Charities and need immediate aid
BP Settlement Attorneys or Adjusters
We work with Attorneys and Licensed Adjusters that will help you with your BP Settlement Claims, in many instances we recommend using an Adjuster because of their expertise and history of documenting claims as the first step, if during the process of putting together your file for the BP Settlement they think their could be issues, they may recommend the services of an Attorney.
We are not anti Attorney in anyway, we just feel strongly that Licensed Adjusters have more experience documenting these types of claims, it`s what they do for a living.
When a Hurricane comes through the first people in are the Adjusters that begin to document the economic and physical losses in its aftermath. Due to the nature of the Oil Spill it closely resembles the aftermath of a hurricane. Think of the BP Settlement Fund as an insurance company, do you need an Attorney to handle your insurance claim, only if you are having an issue getting paid by the insurance company. Even though the Settlement is court supervised our Licensed Adjusters have made arrangements for Attorney Representation if needed. So unless it looks like you are going to have issues with your BP Settlement, why pay for the services of an Attorney. Our Licensed Adjusters have retained the services of Attorneys and have CPA`s on staff.
Though in certain circumstances BP Settlement Attorneys are needed and we are happy to utilize them.
Adjusters Charge from 7.5% -15%, (large loss claims over 1 million dollars start at 7.5%)
Attorneys charge from 20%-40%
All fees are contingent
We will help you with your BP Settlement.
The BP Claims Settlement Era Begins
BP Claims had languished with the GCCF for far too long. In reality it took almost 2 years for someone to step in and fix the issues, and the fact is we don`t know if they are fixed. What we do know is news of the BP Claims Settlement has begun to leak out from multiple sources, and this is what it looks like. Judge Barbier will be overseeing the BP Claims Settlement process.
A deal was struck between the PSC (Plaintiffs Steering Committee) and BP, the order has not been signed by Judge Barbier yet. From our understanding it is a comprehensive and generous system with a few hitches. Calculating your BP Claims Settlement will still involve proper future trending and some areas will not need to show causation. A map and a break down of Industry will be utilized to help establish payouts in a matrix system much like a class action, many are referring to this as the BP Class Action.
The BP Claims Settlement will Include.
1) The Seafood Industry will fair quite well with over 2.3 Billion dollars going directly to BP Claims. This will cover fishermen, shrimpers, crabbers and other assorted Businesses and Individuals that make their living from the Gulf of Mexico.
2) Real Property damage to Coastal and wetland property owners, if you got oil on your land you will be covered under the BP Claims Settlement.
3) Loss of Subsistence use, if you can prove you utilized the natural resources to feed your family and that was taken away by the Oil Spill, you are eligible to receive compensation.
4) Vessels of Opportunity Claims, if your boat was used for the VOO program, and you were put on stand bye after having logged some time on the water, or your boat was damaged the BP Claims Settlement addresses your issues.
5) The loss of value that was incurred from the sale of property that can be shown that the loss was the result of the Oil Spill.
6) Any Economic loss by a Business or an Individual as the result of the Spill.
7) Medical Issues as a result of the Oil Spill Clean Up or by people that lived or worked around the affected areas.
Our Team can Help you with any of these BP Claims.
BP Settlement Calculations
New calculations will come into effect for the BP Settlement they promise to be more generous. You will take 3 consecutive months from 2010 (your worst months) and then take the same months from preceding years, subtract 2010 from that average, use the multiplier assigned to your Industry and geographic area, the RTP (Risk Transfer premium) that should be a multiplier between 2 and possibly up to 7, add in your future trending, and you should come up with your BP Settlement figure. There is more to it, but this is the broad strokes of it.
The BP Claims Settlement has drawn quite a few skeptics.
Most of the skepticism comes from BP Claims Attorneys with large case loads that signed up tens of thousands of cases. Many of these attorneys in our estimation were bewildered by the whole BP Claims process, and how difficult it was to put BP Claims together and package them to the GCCF. It was also recognized that the leadership of the GCCF told these attorneys to go right when preparing to settle these cases, when in fact they should have been going left, this misinformation that was fed to them by the GCCF leadership, ultimately led them to utilize their resources in the wrong area and clients were left hanging, with their BP Claims unpaid.
BP Claims Quick Pays and Finals need to be addressed in the BP Settlement
The reason I am going over this story is because, now people that took Quick Pays or finaled out because they were basically starved out by the GCCF and Ken Feinberg are receiving the same treatment as the the sick people originally did and that is a huge injustice. The common use of a Delay, Deny and Defend Strategy needs to be overcome and is just not ethical in todays world. Here is an email we got yesterday the names will be omitted.
After the oil spill i filed a claim for the emergency help and did receive help. When they asked me to get them 08, 09, 10. Taxes We gave them what they needed 08, 09, 10, and they said they still needed more. So we went to Jackson Hewitt and had them fax 07, 08, 09 ,10. And would you know they still said they more information. Later we filed for the interim payment and did get what was suppose to be a 6 month payment, it was a check for like $3,500 and then they said they messed up and sent us like $1,800 more and then nothing else after that. JUST NEED MORE INFO. 4 time’s we gave them what they needed. Finaly JUNE of 2011 we just had to settle for the $25,000. Because my wife and i was about to loose my wife`s property that we live on together for 19 year’s. And she has lived there since she was 7 year’s old, For 32 year’s. And so on from there.
So here we are still in a bind and about to loose everything because have tried to catch them oysters there is nothing out there. Or no order’s do to no one wanting that many oysters.
So can we still get any help.
This is one email of literally 1000`s just like it, and these people need to be figured into the The BP Claims Settlement, BP needs to give them just what they owe them regardless of what ever they signed, The GCCF failed them, the BP Claims Process failed them, and we at BPClaims.org will Not rest until they are made whole.
BP Claims Consultants start at 15%, and BP Claims Attorneys start at just 20%.
We will Help You with your BP Claims and your BP Settlement..
BP Claims Discontent Grows
People upset with the BP claims process marched on D.C. Monday as they showed their discontent towards Ken Feinberg and the Gulf Coast Claims Facility. The protestors were organized by former comedian/actor turned activist Dick Gregory and Art Rocker chairman of Operation People for Peace. The coalition wants President Obama to answer the needs of its members as they think Ken Feinberg and the Gulf Coast Claims Facility have not met the needs of the people affected by the BP Oil Spill.
GCCF Closes doors to BP Claims Offices
All of this is happening as the Gulf Coast Claims Facility is closing 8 more GCCF offices, making it even more difficult for people to file for their BP Claims. The people of St. Bernard Parish are rallying to keep their GCCF office open so they can file their BP Claims, receive updates and get answers. St. Bernard Parish Councilman Frank Auderer, said the fishermen “are already struggling, so we need to have an office in our area to service those people that have not been serviced yet.” Many of the people of St. Bernard Parish make a living from the resources of the Gulf of Mexico, the people of the parish for the large part have not been paid, does it really make sense for the GCCF to close their office.
There is Help for your BP Claims
We at BPClaims.org are consistently working to improve your chances of getting your BP Claims paid by the GCCF. We have helped many groups of Claims Adjusters, Consultants and Attorneys, get a better understanding of the BP Claims process. We believe you should have an option of choosing Adjusters, Consultants or to be represented by an Attorney. The choice is yours, it is our job to help to make sure what ever group you choose, they are the best at what they do, and they are. Adjusters have been getting smaller claims paid within 3 weeks of filing them with the GCCF, larger bp business claims may take longer, but are getting paid. No matter what size your claim is we have the right group to handle it.
Our Main goal has always been and Will always be to Help as many as possible.
We will help you with your BP Claims.
BP Claims Members have Record Week
We saw more BP Claims paid this week then in any other in the History of the BP Claims Process, why is this, because the entities that make up the BP Claims Team know what they are doing. Many Team members use to work for BP or the Gulf Coast Claims Facility. They have an understanding of how the GCCF works from the inside. They understand the methodology, know how it should be applied, and how to properly trend the calculations so your true losses are reflected. Our Oil Spill Attorneys that represent many people and businesses in the seafood industry, and other clients that may have causation issues also had a record week. We also saw a dramatic rise in BP Business Claims come in.
Judge Barbier made some key Rulings that affect BP Claims
The most significant ruling was regarding punitive damages, and granting those directly affected by the BP Oil Spill the ability to sue for punitive damages. He mentioned Fishermen and Landowners who had oil on their property, as examples of those directly affected by the BP Oil Spill. Punitive damages go beyond just the economic loss that one would encounter, but are meant to punish the offender so it does not happen again. This means that more people may opt to find an attorney and not take their final claims settlement as they may wish to sue BP later. A recent report concluded that BP, as the well’s owner, was ultimately responsible for the accident. But it also said that BP’s chief contractors, Transocean, which owned the mobile drilling rig, and Halliburton, which was responsible for the cementing operations, shared the blame for many of the fatal mistakes. read article
BP and Halliburton: The Oil Spill Blame game
According to Halliburton, BP should have known about an additional hydrocarbon zone that they allege BP failed to disclose. Haliburton goes on to state “The motive behind BP’s intentional nondisclosure of the upper hydrocarbon zone is apparent — profit and greed,” “changes that likely would have required a redesign of the production casing,” “Such changes would have cost BP millions of dollars on a well that was already painfully over budget and behind schedule.” In speaking with many of the Attorneys on our Team this fits with BP` corporate culture about putting profit before safety and environmental concerns. This could help prove extreme negligence on BP`s part.
BP Claims: Many still waiting
From the calls we have seen coming over our 1-800-BP-Claim number, it is apparent that many of you are still waiting to hear from the GCCF regarding your BP Claims status. Over 400,000 BP Claims have been denied. Many of them because of a lack of documentation, or because of trending calculations that were improperly calculated. If you are tired of the deficiency letters, or seeing your claim is under review, we can help you.
BP Oil Spill Update
Tropical Storm Lee whipped up the Gulf Coast this week throughout the Gulf Coast region, tarballs were spotted on Orange Beach, but there wasn`t any major incidence of submerged oil mats coming ashore except on Fourchon Beach. They are out there, som`s as they are being referred to. There have been reports that the Macondo well is leaking again, that was inspected by BP and the Coast Guard in ROV`s, but no evidence was found that the sheen, seen clearly from the air around the well was coming from the well, more on that as the story unfolds. Some of the Fishermen I have been talking to have reported several dead zones. There are still a lot of ecological concerns that remain unknown, only time will tell.
BP Claims Team
As the GCCF strategies become more apparent, our BP Claims Team members strategies are evolving as well. We have groups that specialize in Denied BP Claims, as well as Claims that have been filed, but are be held up at the GCCF. They have a track record of getting clients paid quickly, often within 45 days. We have BP Claims Team members who take on BP Claims that may be difficult to prove because of legal or causation issues, and other BP Claims Team members who are looking forward to litigate against BP, and want clients that are in it for the long haul. Since there are different strategies being employed by different Team members, it is important to be clear in letting us know how you want us to proceed. So please be specific about your needs, if we have any questions we will call you. Often we will forward your information to more the one Team Member so they can explain their game plan for your BP Claims, BP Claims Team members charge from 15% up to 33 1/3% if you need the help of an Attorney to handle your BP Claims.
GCCF may reduce payment Formula
Ken Feinberg mentioned reducing his two-time formula in November on Tuesday. Some multipliers have been as much as a seven times 2010 damages. Citing a return to normalcy, as tourists are coming back, and things are improving in general, the GCCF may have to restructure the formulas it has been using for Oil Spill Claims. In November the GCCF will review and possibly revise the guidelines it uses for GCCF claims. He will be taking into account the input from environmental and economic experts regarding the effects of the Oil Spill.
GCCF Is paying Oil Spill Claims
What we are seeing now is that GCCF claims that have come through our site are getting paid, and that often the GCCF formulas don`t necessarily apply if your claim is explained to them by seasoned Oil Spill Claims Expert. We have seen an uptick in Oil Spill Claims getting paid, many of them within 45 days of being filed, or being refiled. The advent of BP Claims professionals who truly understand the Oil Spill Claims process has a lot to do with this. These Oil Spill Claims Experts understand the Claims process, they know what you need to bolster your claim, and they know how to explain it to the GCCF. Many have formed relationships with the people at the Gulf Coast Claims Facility.
So what do you do if you have a GCCF claim and it hasn`t been filed yet, or it is still sitting at the Claims Facility. If you have tried handling it yourself and the Gulf Coast Claims Facility does not seem to be cooperating, find a professional, if you think you can handle it yourself, by all means do. People in the hospitality industry specifically waiters and waitresses have seen some success here. If you have a business claim, and you want to maximize what you are owed, fill out the form to the right. Business claims are best handled by professionals, that can explain your claim. BP Claims professionals receive from 15% to 33.3% if you need the help of an Attorney. They don`t get paid until you do. We are here to help you navigate the waters of the GCCF.
BP Claims Process and Punitive Damages
Judge Barbier ruled that under Maritime Law, business`s and individuals that were affected by the BP Oil Spill could sue BP for punitive damages. This is a major blow to BP. Punitive damages go beyond just the economic loss incurred. They are intended to punish the offender, so it doesn`t happen again. Extreme negligence will have to be proven on BP`s part. Article
How will this affect the BP Claims Process
As of now punitive damages aren`t compensated for in the Oil Spill Claims process. What is taken into consideration is Interim Claims. It has always been my position that it is best just to file BP Claims for Interim Payments, unless you really need the money, and I know many people do. Interim BP Claims allow you to sue BP at a later date, and if it looks like punitive damages are going to be awarded, you may want to reserve your right to sue BP, therefore you may not want to take a final settlement for your BP Claims.
Interim Settlements being offered for BP Claims
What we are seeing from people that have come through our site, is that many of them are receiving BP Claims Interim offers. Members of the BP Claims Team are having a very high level of success getting your claims paid. The Interim Claims are being accompanied by a Final Settlement offer, don`t take the offer if you don`t have to, as you give up the right to sue BP. The BP Claims process is evolving once again. We will Continue to keep you informed so you can make the best decision regarding your BP Claims.
BP Claims Dream Team: How it Works and How Much
All members of the BP Claims Dream Team work on a contingency basis, they don`t get paid until you do. They are all at the apex in their respective fields. They are highly respected by the Gulf Coast Claims Facility. Each member of our Team is it`s own separate entity. It is the goal of BPClaims.org to place you with the member of the Team that best suits your needs. We have helped over 10,000 Individuals and Business`s get the help they deserve. Over 150,000 people have gone to our website since it started in May of 2010. Members of our Team charge from 15% on up to 33.3% if you need the help of an Attorney. All fees are done on a contingency basis. When you fill out the form to the right, your information is forwarded to the member that best suits your needs on our BP Claims Team.