When the BP Deepwater Horizon oil rig exploded off the coast of the Gulf of Mexico on April 20th, 2010, 11 workers lost their lives, and the biggest oil spill in US history began. Hundreds of millions of gallons of oil leaked into the water, and soon began making its way to the shore. In addition to a devastating environmental impact, the spill had a drastic impact on the economy. In the Gulf states, the tourism industry and fisheries suffered major losses and real estate prices declined.
As a result of BP’s actions, the largest settlement paid out by any single entity in US history was agreed to. The settlement totaled $20.8 billion. Individuals and businesses impacted by the spill have the ability to file claims for compensation from the settlement fund. Compensation can be collected for employees who suffered a loss of personal income, businesses that lost profits or saw their earnings diminished, and individuals and businesses that suffered damage to their property as a result of the spill. Those who file for settlements can challenge a decision not to grant their settlement request, and can challenge a settlement award that is lower than they believe it should be. BP also has the right to appeal a decision.
BP Oil Spill Settlement Challenges
If a claimant believes that their claim was denied in error, or that the claim was lower than it should have been, it is possible to file for re-review or reconsideration. A claimant can file for re-review when there are additional documents that they believe should have been included in their claim, and that strengthen their position. Filing for reconsideration does not require that the claimant has additional supporting documentation for their claim. A claimant can request reconsideration is there was a calculation error, if relevant information about the claim was not taken into account, if the settlement standards were not followed, or if incorrect deductions were made from the payments.
BP also has the ability to appeal claim decisions in cases where the total compensation is at least $25,000, and they have done so in thousands of cases. While BP has to pay a fee for filing an appeal, the fees range from $400 to $5000 depending on the size of the award being appealed, and in many cases, BP has thought appealing was worth paying the fee. BP has appealed claims where they argue a claimant did not qualify for compensation because they should not have qualified for a category, such as the tourist designation, because the loss suffered was speculative, or because the amount awarded was higher than it should have been.
Facing the appeals process
If you have a BP oil spill settlement claim that was denied, or your settlement award is being challenged by BP, it is important to find an attorney who understands the appellate claims process and the Deepwater Horizon Settlement in detail. The process includes deadlines and documentation requirements, and your attorney will be able to work with you to ensure that you present your case in the most effective manner. Contact the experienced Mississippi BP Oil Spill Attorney at Barrett Law, PLLC today at (601) 790-1505 to learn more about how we can help make a difference for you.
