Tag Archives: bpclaims
BP Settlement Waterfront Claims:
Mind you until we see the settlement this is conjecture, but educated conjecture.
Of all the claims, these BP Waterfront Claims are possibly the most valuable out of the whole Property Claims Program. The BP Settlement Waterfront Claims regard the properties along the coast line. These properties will be the ones that will have a Zone A connotation. BP Settlement Waterfront Claims, though seemingly a narrow class, are actually expansive under the BP Settlement.
BP Settlement Waterfront Claims will expand the class to all waterfront claims along the rivers, estuaries and bays from just west of New Orleans to just east of Pensacola, FL. Essentially, BP Settlement Waterfront Claims will open up the category from strictly beachfront property owners to property owners who had property among river banks and bays.
BP Settlement Waterfront Claims and zone A
Furthermore, the Zone A category expands up to 0.5 miles from the coast line and beaches for BP Settlement Waterfront Claims. This would mean that BP Settlement Waterfront Claims do not have to be directly on the beach, but it does mean that they would have to be close, within a few blocks from the beach, to qualify for Zone A standing.
Your BP Settlement Claims multiplier, as previously mentioned, will be factored in bare in mind that this multiplier for BP Settlement Waterfront Claims is not set, yet, as the Settlement Agreement has not been accepted by BP and has not been approved by the Eastern District Court.
BP Settlement Waterfront Claims expand to properties that suffered from oil spillage resulting from the Deepwater Horizon Incident of 4/20/10. BP Settlement Waterfront Claims also expand to loss of sales price. Where the Claimant had sold the property AFTER the Spill, than what the property was appraised for before the Spill. BP Settlement Waterfront Claims will also include cancelled contracts to buy your waterfront property.
BP Settlement Waterfront Claims and Contracts
On cancelled purchase contracts, BP Settlement Waterfront Claims will pay a percentage of the Pre-Spill sales price. There is some speculation as to what sales price to use in calculating BP Settlement Waterfront Claims’ loss from a cancelled contract, but it appears that the higher, Pre-Spill appraisal price will be used.
Keep in mind that the Settlement Agreement, and issues involving BP Settlement Waterfront Claims, have not been settled, yet. This will happen on 4/16/12, so be patient, we will release the facts as soon as they are presented to us. Thank you.
We will Help you with your BP Settlement Waterfront Claims.
BP Settlement Individual Claims
The BP Settlement about to be released will open the doors to many Claimants who were previously excluded, perpetually denied and had no hope. Though perfection cannot be preached, there is a noted improvement under the new System for BP Settlement Individual Claims. What will be discussed here is who can qualify and how to qualify.
First of all, the BP Settlement has broken up the Gulf Region into 4 Zones: A, B, C, D. BP Settlement Individual Claims are covered under these zones. Where Zone A is the closest, Zone D is the farthest away from the actual coast line. BP Settlement Individual Claims have opened to any individual with an economic loss, and evidence required to prove your claim will be based on in which you Zone YOU WORK. The location of your employer will govern which Zone you qualify in and will affect the multiplier that is applied to your damages.
BP Settlement Individual Claims zone break down:
•Zone A – 1/2 mile from the beach and high impact areas. BP Oil Spill Caused All Damage presumed, meaning that Causation will not hinder your BP Settlement Individual Claims.
•Zone B – Within 1.0 mile, but ½ mile from the beach. Seafood And Tourist places to work. Causation on these BP Settlement Individual Claims who work for employers in the seafood/tourist businesses will be presumed. All other BP Settlement Individual Claims will have to show an actual, Post-Spill, 4/20/10 loss.
•Zone C – Over 1.0 mile from the beach, but less than 2.0 miles. Seafood harvesters and processors. Causation for these types of BP Settlement Individual Claims will be presumed. On all other BP Settlement Individual Claims, even if they rely upon seafood and/or tourism, will have to show a reliance on tourism to the GULF and seafood from the GULF. These BP Settlement Individual Claims will also have to show an actual, Post Spill loss.
•Zone D – Over 2.0 miles from the beaches. These are all other claims over 2.0 miles from the beach. You must show a dependency on fishing and/or tourism through causation documentation. In addition to showing causation, you must show an actual loss after the Spill, but a trend upwards in 2011. The OPA imposes a duty to mitigate damages, and this will have to be shown in your financial data, payroll records, etc.
BP Settlement Individual Claims may look like this.
Zone A + Direct reliance upon Tourism and/or Fishing = a damage multiplier of 3.5
Zone A + Indirect reliance upon Tourism and/or Fishing = a DM of 3.0. These types of BP Settlement Individual Claims would be employees of companies that served the tourism and fishing industries. For example: an employee of a Marketing publisher that publishes pamphlets for a Hyatt on the beach, will now be able to get paid, but at a slightly lower multiplier. Zone B + Direct reliance upon Tourism and/or Fishing = 3.0 because you are not directly on the beach, it will be assumed that these BP Settlement Individual Claims did not suffer as great a loss as those BP Settlement Individual Claims located on the beach.
Zone B + Indirect reliance upon Tourism and/or Fishing = 2.5, for these types of BP Settlement Individual Claims. At least you will not be a pre-determined denial while being told that you still qualify.
Zone C + Direct reliance upon Tourism and/or Fishing = 2.5, for these types of BP Settlement Individual Claims.
Zone C + Indirect reliance upon Tourism and/or Fishing = 2.0 for these BP Settlement Individual Claims originating from Zone C.
Zone D + Direct reliance upon Tourism and/or Fishing = 2.0 for these types of BP Settlement Individual Claims.
Zone D + Indirect reliance upon Tourism and/or Fishing = 1.5 for these BP Settlement Individual Claims.
These multipliers are theoretical, at best, at this point for BP Settlement Individual Claims. The Settlement is not set in stone, yet, but this information is based on what we are hearing. Furthermore, the calculation of your damage will look like this:
[YOUR 2010 Damages] + [Your 2010 Damages X Multiplier] = Total award for your BP Settlement Individual Claims. The System will be more generous this time around and it does not automatically deny people. This is a great improvement for BP Settlement Individual Claims.
As always we have Attorneys or Adjusters that will help you with your BP Settlement Individual claims
BP Claims and Our BP Claims Dream Team
The BP Claims process has best been understood by people that have studied the process, and are aware of what the proper calculations are to elicit a positive response from the Gulf Coast Claims Facility. The methodology behind how the GCCF calculates your BP Claims has been hard to understand for many, and it is tilted in their favor. When oil spill claims calculations have been done by members of our Dream Team, BP Claims are often 50% or more then if you did them the GCCF`s way. Many denied BP Claims have also gotten paid by our Gulf Coast Claims Team. They will help you put together any paperwork that may be needed, reorganize and maximize your BP Claims, all while it is still sitting with the GCCF.
BP Claims that have been Denied, Paid in 9 Days
If you have had your BP Claims Denied it very well could be a blessing in disguise. There are members of our Dream Team that specialize in BP Denied Claims. The good news is that most of your paperwork is already together, and sitting at the Gulf Coast Claims Facility. This allows members of our Team to analyze the documents while at the GCCF, and add any necessary documents, and go over your numbers once again. Often they will find that your calculations were off, and that BP owes you more then you originally thought. They have had denied BP Claims paid within 9 days. This is not typical, but it has been done.
Are your BP Claims Still Under Review or Awaiting Documents
Often BP Claims are under review for several reasons, sometimes they just haven`t gotten to them, but often they are lacking the proper paperwork, this is usually followed by a Deficiency Letter. Most often BP Claims that lack the necessary paperwork are denied by the GCCF. Members of our Team can access your paperwork while it is at the GCCF, fix whatever is wrong and speed up the BP Claims process. They will also keep you up to date regarding the status of your BP Claims.
BP Business Claims and Multiple BP Claims
Very often when members of the BP Claims Team begin to analyze your case, and find out more about you, and what revenue streams were affected by you or your business, they often find that you can make multiple BP Claims. These BP Claims need to be substantiated with various paperwork that they will help put together. BP Business Claims are often very complex, we have members on the team that are currently handling BP Claims in excess of 100 million dollars. There are no BP Claims to big or to small.
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 125,000 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, we will immediately call you, to insure that your information is forwarded to the member that best suits your needs on our BP Claims Team.
BP Claims and the Future of the Gulf Coast
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 And BP
If You Google BP Claims you will see a paid ad from BP that reads: Visit BP’s Claims Page & Learn How To Make A Claim Without A Lawyer. If you haven`t figured it out by now, if they suggest you go left, you may want to strongly consider going right.
By this time many of you have tried to work out your BP Claim with the GCCF only to hear that your claim is UNDER REVIEW, or they NEED MORE DOCUMENTS, which then puts your claim at the bottom of the pile again, they often forget to tell you that. Many of you figured that the GCCF would deal with you in good faith, only to find out otherwise.
Simply put, they are stalling. The GCCF is allotted only 1.25 billion (from the 20 billion set aside) each quarter from BP – they spend it paying off as many “nuisance claims” as they can – and a few “high-maintenance” claims (which are usually represented by aggressive attorneys) – this is done in a few weeks, leaving them to stall again for the next two and a half months.
If you are a Business owner or an Individual, and counted on BP ” Making it Right” you may have a long wait. BP and the GCCF do not want you to take into consideration that you may have Multiple Claims, that the true extent of your losses may not be known in the time window they have given you to calculate your losses, when in fact the true extent of damage done and the long term effects on the economy, the environment, and your health won`t truly be known for years, how do you calculate that in your BP Claims.
BP Business Claims Example: Multiple BP Claims
The Attorneys that we work with are playing leading roles in the upcoming litigation in New Orleans. Plus, they have more experience holding BP accountable then any other law firms in the country, and have the support staff to make sure every Revenue Stream that you or your Business has coming in has been accounted for, and how the Oil Spill and the Stigma may affect your BP Claims.
For Example: a Seafood Restaurant in Grand Isle didn`t just lose customers because nobody was going out there, they also had a rise in seafood prices because product had to be shipped in.
If that same restaurant owned their building, that property greatly depreciated. That too was affected. Now lets go even further, and say that restaurant owned boats that would usually be used for fishing or shrimping, but instead were used in the Vessels of Opportunity program to help clean up the Spill, they couldn`t go fishing and sell the catch to other vendors, and the boats themselves were damaged in the clean up process.
Then you need to factor in how long all of these different events will affect your Business. The fact is nobody really knows, but a good rule of thumb is 3-5 years, barring any other occurrences.
This is an example of Multiple BP Business Claims.
BP Claims and Forensic Accountants
How do Attorneys figure the extent and types of damage that your Business incurred, Forensic Accountants.
Forensic Accountants specialize in looking at a business, taking all things into consideration and arriving at real number that covers your losses.
Do you think that BP or the GCCF are going to help you accurately take all of these different factors into consideration when you are working directly with them? They have no intention, or the resources to help you calculate how long you, or you Business will be affected for, not to mention the Multiple Claims the you may have. They have their BP Claims Methodology in place, who do you think that benefits.
The BP claims process has become adversarial, just think about this. After months of not paying out any interim or final claims, they came up with the Quick Pay, if your Business lost revenue from the spill and it looked like you had a good claim against them, they made blanket offers of 25k to all the businesses that were affected and individuals got a 5k offer.
When in fact many business owners and individuals lost so much more, they did this only after many months of not paying them anything, many took these Quick Pays just so they could keep the doors open a little longer or to pay overdue bills, but they also agreed not to sue BP. There is a strategy going on here, it is called Delay, Deny, Defend, commonly used by unscrupulous insurance companies, the way the GCCF is handling your BP Claims is no different.
BP Claims Experts on Your Side
The first thing to remember is that BP and the GCCF are by no means on your side, just look at their actions. Oil Spill Attorneys that have the proper resources in place, and truly want to protect their clients best interests are the best way to get the compensation you deserve from BP.
Seasoned Oil Spill Attorneys that understand the process, and are respected in their field and are able to get the GCCF and BP`s attention.
Already some of the Attorneys we work with have been asked to consolidate their cases into blocks so that the GCCF can settle their whole case load or blocks of their case load. Why, because they know these Attorneys mean business, and BP does not want to go into litigation against them. While other Attorneys have gotten claims paid within 2 months.
What does this mean for you, it means that you will have BP Claims Experts on your side, we have seen people who initially thought their claim was only worth 10k walk away with more then 60k.
If your claim is settled in a block of claims you don`t have to accept the offer, this is why it is not a BP class action. Your claim is still going through the BP Claims Process after it has been thoroughly investigated and maximized. Finally, if a BP settlement can not be reached it will move to litigation, where an Expert Attorney who knows Oil Spill litigation will fight for your Rights.
All this being said there is an old adage ” Never bring a Knife to a Gun Fight” I am proud to say that we do have the Biggest Guns for this Fight. The Dream Team of Attorneys we have connected with, will do their best to get your BP Claims paid.
GCCF to Close Offices
After a comprehensive review of the 35 GCCF site offices throughout the Gulf, the GCCF has decided to close eight of the claims offices throughout the Gulf region,” says Camille Biros of Feinberg-Rozen, the law firm headed by Gulf Coast claims czar Kenneth Feinberg. One office in Alabama, and four offices in Florida also will close.
Louisiana legislative leaders are asking Ken Feinberg, who is overseeing the payments from a $20 billion compensation fund for victims of the BP Deepwater Horizon oil spill, to keep open three claims offices he plans to close next week.
Senators Speakout on GCCF Office Closures
Senate President Joel Chaisson and House Speaker Jim Tucker sent letters to Feinberg on Tuesday pushing for the claims offices to remain open in Lafitte, Grand Isle and Morgan City. The offices are slated to close June 1.Chaisson says the closure of three claims offices could increase frustrations against Feinberg and would be a disservice to those still struggling to recover from the disaster.
Sen. Norby Chabert, R-Houma, said in an online interview that the decision will be a “travesty,” especially since many claims originating in these areas will still be pending action at the end of the month.
“The BP people should be knocking on doors to help people, not closing down the office that’s set up to help them,” Chabert said.
GCCF by the Numbers
As of May 19, there had been a total of 512,000 claims made through the GCCF, which have resulted in $4 billion being paid out.
In Louisiana, 200,000 claims have been filed and $1.3 billion awarded.
The GCCF has reviewed almost 88 percent of all interim and final claims. Their Numbers
GCCF and Statistics what they don`t want you to Know
The Reality is The GCCF has deployed a strategy of working their way up the claims ladder, paying the least amount possible to the most amount of people so that their statistics look impressive, and they will continue that strategy for the foreseeable future. I know as a fact that they are taking the lesser claims first as they are getting ready to settle the next group of claims.
Remember the GCCF is on a budget. There is not 20 Billion dollars sitting in a bank account, the 20 Billion is funded in increments on a quarterly basis, approximately 1.25 Billion per quarter. That is why there is waves of claims being settled every 3 months, the next wave coming in mid July. If you look at the quick pay settlements which were a travesty in my opinion, they setlled about 100,000 claims by waiting people and business`s out, then offering them 5k and 25k respecitvely, the next wave of claims to get settled is going to be many of the lowerend waiter and waitress type claims, again so there numbers look impressive statistically, remember statistics lie and so does BP.
They promised to make us whole, they promised payments would be quick, they promised this would be a fair process. Instead they are paying the least possible to the most possible so statistically they look impressive, we all learned along time ago that statistics lie.
The good news is we have connected with Attorneys that are getting people paid, if you need help, and had enough, fill out the form to the right.
The GCCF is run by Ken Feinberg who has found a niche for his law firm Feinberg/Rozen settling large numbers of cases against a particular defendant. In this case the defendant is BP Oil.
The GCCF and Feinberg: How they Work
Feinberg/Rozen is used to handling a large amount of claimants that are represented by Attorneys that have been injured by unscrupulous or careless Business`s. Their other current large case is Avandia, a drug whose true side effects were hidden by GlaxoSmithKline, resulting in death by heart attack for many. In this case people who have been harmed by taking Avandia retain Attorneys to settle their claims against the makers of Avandia through Feinberg/Rozen. The Attorneys usually put together blocks of claims from 100-1000 then each case/claim is given a dollar amount based on injury. The claimant either agrees or disagrees with the number and has the right to accept or reject the offer. This is the way Feinberg/Rozen is use to working. They have systems in place to handle large amounts of claims brought to them by Attorneys, this historically is the way they work, and the GCCF and BP claims process is no different. They tell you you don`t need an attorney, but in actuality their systems and processes insist on having an Attorney involved, it`s just the way they work.
Attorneys are settling GCCF and BP Claims in Bulk
As I write this I know of Attorneys that have settled their entire case load with Feinberg Rozen and the GCCF, and I know that more Law Firms are currently negotiating with them to settle 10`s of Thousands of cases. The GCCF does not want you to know this, they want you to believe that your case will be handled by the GCCF in an independent and timely manner. People have been waiting a very long time now to get their Interim or Final claim money only to be given a quick pay offer where they have to sign away all future right of suing BP and settle for 5k for an individual or 25k for a business regardless of the business losses.
Lets look at the Percentages of types of claims the GCCF has paid Quick Pay 97% paid Interim Claims 14% Paid Final Claims 19% Paid Attorneys understand how to work with Feinberg/Rozen and many have worked with them before on other types of cases. They have Forensic accountants on staff to insure that all losses are accounted for. The GCCF and Feinberg do not want you to use an attorney, they promised us timely payments, they told us they were independent, they lied. We have put together a Dream Team of Attorneys that know how to handle the GCCF and to help you, let them.
Denied GCCF Claims
I am getting lots of calls from people and business`s that got GCCF denied claims in today.
The reasons are quite often similar, there was not enough connection to economic loss, between the business or individual affected and the Oil Spill, so says the GCCF, lacking paperwork, or no reason at all. Don`t be surprised if after you receive your denied GCCF claim that it is followed up by a final claims offer, as I think that this is the strategy that BP/GCCF is going to use. Mind you I am not an Attorney but if the GCCF holds to form, they are just trying to make individuals and business`s even more desperate, so they can come in with a very fast, low ball, final claim offer, but this is only a guess.
The good news is many of these people have their paperwork together, and they can take that to an Attorney that specializes in GCCF Claims, that includes denied claims.
The other good news is, even if the GCCF denied your claim, you still have multiple options, you can resubmit, you can resubmit with an Attorney, and don`t forget you can always SUE BP. There will be some interim claims paid as well as some final claims offered, but I think much of this will be in litigation and then things will begin move faster, in the final analysis most will need Attorneys. When your case or claim is with an Attorney there is also the likelihood, and it has already happened that the GCCF will settle out a bundle of that attorneys cases or claims. This is why many perceive this process to be like a class action, but in this process the claimant has the ability to accept or reject the offer.
So don`t despair if you got a GCCF Denied Claim today, there are options.