The BP oil spill has had a devastating impact on the ecosystem and economy across the Gulf Coast.  Even five years after the worst oil spill in history sent millions of gallons of oil into Gulf waters, businesses, families, and individuals continue to experience an enormous negative impact.  In Mississippi and throughout the Gulf Coast, the lingering effects of the ecological disaster continues to financially ravage self-employed fishermen, business owners, and families.  While the full magnitude of the damage continues to be debated by BP consultants, government agencies, and economists, many businesses and individuals who submitted claims for their economic losses five years ago continue to labor under financial hardships without compensation.

The amounts paid by BP through its settlement fund have still left many businesses in dire economic shape. As of a year ago, BP has paid out approximately $10 billion in claims to people across five states in the Gulf region that includes Mississippi.  The economic losses have taken the form of diminished property value, lost profits, and forgone income.  BP has continued to drag its feet on paying many of these claims based on the contention that it has overpaid certain claimants based on a formula that overestimates future losses. This slow processing of claims has resulted in over 60,000 entities or individuals who were harmed by the oil spill being left out in the cold without payment.

BP continues to face further sanctions for the Deep Horizon disaster.  Currently, the company is potentially facing a maximum fine of $13.7 billion for Clean Water Act violations and devastating Gulf Coast economies.  If these penalties are levied, they will be piled on top of the $42 billion price tag that the company has indicated it has incurred for cleanup, fines, paid claims, and compensation of victims.

The company also is awaiting a determination from the U.S. District Court for Eastern Louisiana regarding civil penalties a subsidiary will be fined for the well blowout that resulted in 11 dead workers.  The judge ruled in September that the company’s actions constituted “gross negligence” prior to the explosion.  He determined the volume of oil that spewed into the Gulf at 3.19 million barrels.

The loss affected businesses and the self-employed individuals in the region in a multitude of ways.  Damage to the ecosystem seriously impaired the yield for fishermen who sell crabs, oysters, and shrimp.  Further, the scarcity of these forms of sea life was compounded by public fears that shellfish coming out of the Gulf were not safe to eat after the spill.  Operators of motels, hotels, and restaurants were harmed by the economic downturn in the region and lack of tourism.  Further, companies that provided supplies to the fishing industry like bait shops experienced lost profits as a trickle-down impact from the diminished harvest of seafood.  Businesses planning on expansions also had to put off their plans in the wake of reduced revenue.

Despite these financial losses, many businesses continue to wait as BP continues to drag its feet in paying claims.  If you wish to pursue a claim or you have experienced unreasonable delays in having your claim settled, our Mississippi BP Oil Spill Lawyers have successfully represented many businesses that have suffered economic losses associated with this disaster.  At Barrett Law, we are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

The Justice Department and five states recently (in October) settled civil claims against BP for $20 billion related to the Deepwater Horizon disaster that resulted in 134 million gallons of oil being spilled into the Gulf of Mexico. The settlement provides a wide range of benefits for residents and businesses throughout the Gulf region. The company also was forced to participate in a monumental clean-up effort designed to replenish water quality, wildlife and habitat in the region. The settlement of the civil claims promises both environmental and economic benefits throughout the area impacted by the spill.

BP acquiesced to a number of other requirements. BP is required to pay $5.5 billion in financial penalties under the Clean Water Act and disburse almost $5 billion among five states that include Mississippi, Alabama, Texas, Louisiana, and Florida. The company also must pay $8.1 billion toward natural resource damage. The funds will be used for restoration projects involving fish, birds, coastal wetlands and similar natural resources.

In addition to these funds, $600 million will be paid to cover costs like state and federal reimbursement claims related to the massive oil spill. The financial settlement follows a Deepwater Horizon Natural Resources Trustees’ report that designated the devastation caused by the spill as “unprecedented” in scope. According to the report, the oil from the blown-out well was found hundreds of miles from the site of the spill. The scope of the damage is reflected by the fact that the slick substance was uncovered on over 400 square miles of the sea floor. Further, the environmentally toxic substance washed up onto over 1,300 miles of coastal shoreline throughout the Gulf Coast region. The long-term ecological impact is hard to estimate because of toxicity to mammals, fish, turtles, plankton, and birds. The oil will cause significant fatalities and disease to affected species along with impaired reproduction.

The impact on residents of the Gulf Coast has recently been highlighted by Gina McCarthy, Environmental Protection Agency Administrator, “[T]he spill drove Gulf communities into a period of painful uncertainty, forcing questions that no American family should ever have to ask: Is my food safe to eat? Is it dangerous for my kids to play near the shore? Is the air still clean to breathe? And will my businesses ever recover?

These questions by tourists and other customers of Gulf businesses reflect the lingering financial consequences for many Gulf Coast business owners. Fortunately, you might have a right to a claim for your financial loss caused by the BP Deep Horizon spill. If you have questions about your right to pursue a claim for compensation, we invite you to contact us and speak to an experienced Oil Spill Claims Attorney at Barrett Law. Our Mississippi BP Deep Horizon Claims Lawyer has successfully represented many businesses that were financially harmed by this massive spill. At Barrett Law, we are here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

While this blog discusses a multitude of issues regarding the right of businesses to damages resulting from economic loss associated with the BP Gulf Oil Spill in 2010, businesses also need to be aware that illegitimate claims can have serious adverse consequences.  When a fraudulent claim is asserted, the potential exists for both criminal and civil penalties.  The most common form of fraudulent claim in this context involves misrepresentation of the revenue generated by a business prior to and after the Deepwater Horizon explosion.

A federal judge has required Vision Design Management, which is a small family business, to pay restitution in the amount of $2.1 million in claim money.  The business filed a claim with the BP settlement fund based on a purported gross income of $821,462 approximately one year prior to the ecological and economic disaster.  However, evidence presented in support of a motion for return of the money which was filed by an oil spill claims administrator for BP revealed that the claim was “nearly entirely based on fraud” according to the judge.

The Deepwater Horizon Economic Claims Center contended that the money represented as income by the consulting business that made the claim was not income at all.  The judge found the evidence established that $773,000 of the purported income for the business was provided as part of a construction loan borrowed by another business owned by the claimants.  According to the court, the funds were not income but rather a “pass through” of payments for the affiliated company’s construction project.

Based on this analysis of the claimed revenue lost by Vision Design Management, the court found that the entire amount of the company’s claim had to be returned.  The court pointed out that 92 percent of the alleged revenue was a fiction, so full restitution of the amount received in settlement needed to be disgorged from the consulting business.

Despite these findings, the small business owners maintained that their losses were genuine.  The husband member of the husband-wife ownership team indicated that “Vision Design Management was formed in 2007 and was profitable, and [we] worked very hard to make a good business.  The oil spill stopped it!”

The massive BP oil spill resulting from the Deepwater Horizon explosion in 2010 caused 11 deaths and catastrophic economic and environmental damage.  The spill sent millions of gallons of oil spewing into the Gulf for months.  The economic toll exacted by this tragedy adversely impacted the business earnings of many companies throughout the gulf-states region.  While businesses that had their revenue adversely affected by the BP ecological disaster can submit claims for compensation, this case demonstrates the importance of legal representation to ensure your financial information is persuasive.  Although the settlement fund is designed to reimburse those harmed by the spill, claims often are met with denials.

Our Mississippi BP Oil Spill Attorneys recognize the enormous financial impact of this tragedy, and we are committed to pursuing the fullest compensation for our clients.  At Barrett Law, PLLC, we are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

Thousands of business owners with claims for loss submitted as part of the BP oil spill settlement received an upsetting “gift” in the form of a fraud notice during the Christmas holiday.  The notices provided virtually no information supporting the allegations despite the fact that all of the recipients of the claims notices had claims that were pending for at least six months.  Many of the claimants had submitted their claims over a year prior, yet there was no factual basis provided in any of the letters to indicate why the claims were being investigated for fraud.

This strategy of threatening fraud seems particularly suspect based on when the fraud notices were mailed.  The standard practice under the BP oil spill settlement has been to send out letters to claimants on Wednesdays at 9 p.m. that indicate whether a claim was denied, approved, or lacking in information.  However, these letters were sent out at close of business the Wednesday before the company closed for the Thursday through Sunday Christmas period.  This tactic left targeted claimants without the option to contact the BP claims office to obtain an explanation or justification for the investigation until the after the Christmas holiday period.

The real goal of this tactic might be to create financial pressure on claimants to abandon legitimate claims for loss.  The notices provided absolutely no specific allegations or facts to justify initiating a fraud investigation involving claims that have lingered for a prolonged period.  This intimidation tactic often is employed by insurance carriers to intimidate policyholders making claims for theft, fire, or vandalism loss.  The thinly veiled threat of criminal liability for fraud combined with the unavailability of information from the insurer for several days could well be designed to exact pressure on claimants to withdraw their claim.

While the fraud notices were short on substantive information, the motivations for the correspondence can be gleaned from the limited information provided to businesses that had submitted claims.  The notices indicate that recipients are under investigation by the Fraud, Waste, and Abuse Department, which is under the management of a former FBI Director.  The key information provided to recipients involves the claimant’s qualification for a new amnesty program.  Conveniently, this new program was launched just a week before sending the notices.  According to the correspondence, recipients can avoid potential criminal charges if they abandon their claim.

Many businesses who consider submitting claims as part of the BP oil spill settlement presume that they do not need legal advice and representation.  Tactics like these that amount to the denial of potentially valid claims, as well as threats to file criminal charges demonstrate the importance of working with a skilled and experienced BP oil spill claims lawyer.

Our Mississippi BP claims attorneys represent businesses who have suffered losses caused by the BP oil spill.  At Barrett Law, our seasoned Mississippi BP Claims Attorney is here to help.  Contact our firm today at (601) 790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

Regardless of the sector of the economy in which your Gulf Coast business operates, you probably have heard plenty about the impact of the BP oil spill and oil rig explosion.  The environmental disaster resulting from the explosion of the PB Deepwater Horizon offshore oil rig, which resulted in eleven fatalities, caused the most massive oil spill in the history of petroleum extraction.  The consequences to the Gulf Coast after the oil rig sank involved devastating effects on the environment, wildlife, and the economic health of the region.  The impact was exacerbated by the staggering 87 days required to stem the glut of oil flowing into the Gulf of Mexico.

Investigations conducted by multiple organizations following the oil spill concluded that BP engaged in a pattern of ill-advised cost-cutting practices that promoted an unsafe environment leading to the tragic spill.  BP recognized that its survival was dependent on taking remedial action to mitigate the impact of its irresponsible conduct and public relations nightmare, so it established the Gulf Coast Claims Facility (GCCF).  The $20 billion fund was established to cover claims filed related to the Deepwater Horizon spill.  Approximately $6.2 billion was distributed from the fund to settle claims accepted from August 2010 until July 2012 after which the fund was replaced by a court-supervised settlement program.

Some Gulf Coast businesses owners are unaware that the formula used by the BP settlement agreement permits payment to claimants without proof of “actual damages.”  BP filed a motion requesting a court to permit the company to cease making payments on thousands of claims, but the request was denied in July 2013.  Although the requirement to pay the claims was self-imposed under a settlement agreement drafted by BP, the company appealed the denial of its motion to discontinue payments to the Fifth Circuit Court of Appeals.  However, BP’s request was denied because the 5th Circuit upheld the lower court finding that the settlement agreement did not impose a duty to prove direct harm from the spill to recover under the terms of the BP settlement agreement.

There are two important takeaways from this litigation for potential BP claimants.  Ambiguous terms or provisions in the BP settlement agreement generally will be construed against the company because it drafted the agreement.  Further, businesses in Mississippi and throughout the Gulf Coast region might have a claim for compensation from the BP fund.  While not all businesses will have a viable claim, our Mississippi BP oil spill claim lawyers are currently evaluating the rights of those adversely affected to determine their legal right to financial compensation.

Our Mississippi BP oil spill law firm recognizes the enormous financial impact of this tragedy, and we are committed to pursuing the fullest compensation for our clients.  At Barrett Law, our Mississippi BP Oil Spill Attorneys are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

Recently, the Justice Department reached its final settlement with BP and the figure has risen to $20.8 billion. This large settlement, the biggest environmental settlement in the nation’s history and the largest civil settlement with any single entity, comes after years of litigation against BP for its liability in the 2010 oil spill that impacted the Gulf of Mexico.  The settlement is being considered a major step forward in the nation’s attempt to deliver justice to the gulf region that was so heavily impacted by the oil spill.  The 2010 oil spill remains the biggest environmental disaster to ever strike our country and its legacy is sadly lasting.

The settlement will now resolve the 2010 lawsuit filed by the Justice Department against BP. It includes a civil claim under the Clean Water Act which will equate to $5.5 billion as well as natural resource damage claims under the Oil Pollution Act in the amount of $7.1 billion.  It additionally includes economic damages claims to go to the Gulf states that were impacted most severely by the spill—Mississippi, Louisiana, Alabama, Florida, and Texas.

Previously, the settlement was predicted to be $18.7 billion. However, in fine tuning the figures, the monetary amount went up to cover all necessary costs.  Billions of dollars will go towards ongoing restoration efforts in the area where wildlife and plants continue to display signs of damage due to the mass amounts of oil spilled in the region.

In other BP news, the state of Alabama reached a settlement with Transocean Offshore Deepwater Drilling, which owned the Deepwater Horizon oil rig that exploded in 2010. The funds will go to the state’s General fund.  At least one politician has criticized the allocation of these funds, claiming that they should instead go to those communities along the coast that were most affected by the spill.

A Natural Disaster that Continues to Affect Many

The 2010 BP oil spill caused more than three million barrels of oil to leak into the Gulf of Mexico. Eleven employees were killed instantly in a catastrophic explosion, and thousands of individuals and businesses saw their livelihoods become deeply impacted by the spill.  Fishermen, restaurant owners, tourist dependent businesses, real estate developers and brokers, and many more found their business depleted due to the spill.  While many of those affected by the spill were able to file claims against BP and receive some sort of compensation, they often did not receive coverage for the full extent of their losses.  Even further, some are still awaiting funds from BP for their oil spill losses.

If you need assistance with any issue related to the BP oil spill, do not delay. Contact a BP oil spill attorney today for an in-depth analysis of your legal rights.

Barrett Law, PLLC: Helping Those Impacted by the BP Oil Spill

It has been five years since the BP oil spill devastated the Gulf Coast area. After all this time, many individuals and businesses are still struggling to obtain the compensation they deserve.  Many remain impacted by this monumental disaster.  If you need assistance with your BP oil spill claim, contact the Mississippi BP Oil Spill Attorneys at Barrett Law, PLLC.  Our outstanding Mississippi law firm has been there from the start to help those impacted by the oil spill and we will remain until the conclusion.  Your time to receive compensation is limited, so contact Barrett Law, PLLC as soon as possible to discuss your potential oil spill issue.  Call Barrett Law, PLLC today at 1 (601) 790-1505 to schedule your free initial consultation.

While much of the damage associated with the massive 2010 BP oil spill occurred along the Gulf Coast, the economic damage that was caused by the spill affected inland communities as well.  In fact, some of the municipalities that have received settlements from the spill are over a hundred miles from the coast. The proportion of funds that were received by these communities is small compared to the overall settlement amount. It is estimated that thirty two inland communities received a total of approximately eight million dollars as part of the settlement.

The economic impact of the oil spill was felt by communities both large and small.  The damages reported by inland communities was largely associated with tourism. Big cities like Birmingham and Jackson were affected, as well as smaller communities like Ruleville, Mississippi. Tourism was affected by a decline in people visiting the area. Sales tax and revenue from restaurants were also affected by the seafood shortage caused by the oil spill.

While some communities, both on the coast and inland, have participated in the settlement, others rejected settlement offers and are continuing to pursue their individual claims. Other municipalities had resolved their claims in advance of the settlement. The settlement offers that were extended as part of the settlement program were calculated by a panel of individuals who had been appointed by the federal judge who has handled the majority of oil spill litigation cases.

The communities which have received settlement money are directing those funds to public schools, because the overall economic losses associated with the spill led to decreases in school funding. Law enforcement agencies are also slated to receive some of the funds, because the economic decline in the years following the spill had reduced their funding as well. Hospitals and airports which have been postponing badly needed improvement projects will also receive some of the settlement money so that some of those projects can get underway.

Barrett Law PLLC:  Representing Those Whose Were Affected by the Deepwater Horizon Oil Spill

The Mississippi BP Oil Spill Attorneys at Barrett Law PLLC are dedicated to helping people with BP oil spill claims. We understand that the resources associated with settling these claims can help affected individuals and businesses move forward from the economic losses that they have experienced. The effects of the spill are far-reaching, and we are constantly becoming aware of more and more things that are happening with the BP oil spill litigation. We understand that these developments may be of interest to you, so we like to share them with you. If you are involved in a case about oil spill damages, we are here to help you.  If you have any questions about the BP oil spill litigation, please call the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC today, at 1 (601) 790-1505, to schedule an initial consultation.

Not surprisingly, many BP oil spill claims were filed by gulf area business owners who suffered adverse economic impacts due to widespread environmental damage caused by the spill. In addition to businesses, there were other types of entities that were negatively affected by the BP oil spill, and some of them have recently reached settlements on their claims for damages.

Specifically, cities and counties were able to file claims for damages associated with the BP oil spill, and some of those claims are being settled.  However, the settled claims demonstrate that the total monetary amount for counties are less than the settlements for cities. This is to be expected, though, because cities collect sales tax revenue while counties do not, so it makes sense that losses of sales tax revenue are figured into the settlement amounts for cities.

Some of the BP oil spill settlements that have been reached so far include approximately two million dollars each for Jackson County and Harrison County, close to two million dollars each for the cities of Gautier and Pascagoula, over three hundred thousand dollars for Moss Point, and nearly nine hundred thousand dollars for Ocean Springs. School districts are another type of public entity that is eligible to receive BP oil spill settlement money, and so far, approximately three school districts have been paid a total of approximately two million dollars.

People who live in the communities that are receiving the settlements are relieved that money is flowing back into the area. There have been many financial losses due to the oil spill’s effects on the local environment, which negatively affected the area’s tourism and the seafood industry. Local governments have been operating on very tight budgets since the spill, and the settlements are expected to provide some relief. Local government leaders plan to use the BP oil spill settlement funds carefully, perhaps to replace resources and revenue that had previously been diverted to solving problems that were associated with the oil spill, and to pursue other goals and projects that will benefit area residents and businesses.

Barrett Law PLLC:  Representing People Whose Lives Have Been Touched by the Deepwater Horizon Oil Spill

The Mississippi BP Oil Spill Attorneys at Barrett Law PLLC are devoted to helping our clients resolve their BP oil spill claims so that they can begin to move forward again. We are continuing to stay abreast of all of the latest happenings with the BP oil spill litigation so that we can share them with you as they happen. If you are involved in a case about damages that were caused by the spill, we are here to help you in any way that we can.  If you have questions about the BP oil spill litigation, please call the attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule an initial consultation.

A recent decision that was issued by the 5th U.S. Circuit Court of Appeals in New Orleans is of particular importance to businesses that have filed claims for business losses related to the BP Oil Spill. The Appeals Court decision requires a lower court judge to reconsider the rule that currently prevents BP from appealing calculations of business losses. In light of a change in the way that business losses are calculated, a topic that has been hotly contested ever since the BP Oil Spill settlement was issued in 2012, some previously-made determinations of business losses may be appealed by BP so that the numbers can be calculated under the new methodology.

The Appeals Court decision covers three BP Oil Spill issues in total. It upholds the lower court’s ruling that BP may not appeal any payments that are to be made to nonprofit groups, so BP is still barred from appealing those cases. It also upheld the lower court’s ruling with respect to appeals that are based upon BP’s assertion that a loss was caused by something other than the oil spill. Those “alternative causation” appeals are still barred, which is a big win for businesses.  This is because their ability to recover damages from BP could suffer if BP were to be allowed to appeal decisions that have already been made based upon a theory that something other than the oil spill caused the business to suffer its economic loss.

In addition to the Appeals Court decision, there is another issue that those with claims against BP will want to watch closely. A Texas lawyer who represents clients that have claims against BP has asked the court to delay its pending decision regarding BP’s Clean Water Act penalties. The attorney fears that if a decision is made and the penalty is sizeable, (as it is likely to be due to the fact that over three million barrels of oil were spilled), that could negatively affect the resolution of cases that are still pending against BP. Delaying the decision on the Clean Water Act penalty until the individual claims process is complete would prevent the resolution of claims from being affected by that penalty.

Barrett Law PLLC:  Helping Mississippi Businesses Affected by the BP Oil Spill

Many individuals and businesses are still involved in pursuing claims related to the BP oil spill in the Gulf of Mexico. The Mississippi BP Oil Spill Attorneys at Barrett Law PLLC are closely following developments related to BP oil spill litigation. Our knowledge of the historical and current state of affairs regarding BP oil spill litigation enables us to help our clients with BP Oil Spill claims to obtain the best possible results in their BP Oil Spill cases. If you were adversely affected by the BP Oil Spill, we are here to help you.  Call the dedicated and experienced oil spill attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free, initial consultation.

The BP oil spill in the Gulf of Mexico occurred on April 20, 2010. News stories about the obvious damage that was caused by the millions of gallons of oil that had spilled into the Gulf of Mexico made local, national, and international headlines for months, often accompanied by devastating images of dying animals and beaches littered with tar balls.

As time passed after the BP oil spill, it became apparent that the damage that was caused by the spill extended far beyond the area where the spill occurred. Many different types of negative effects of the spill were being experienced by all kinds of people in areas that were up to a few hundred miles away from the site of the disaster.

For example, on the southwest coast of Florida, vacation bookings decreased dramatically. For some reason, people, especially international travelers, who had been considering visiting the southwest coast of Florida, thought that it had been affected by the BP oil spill; even though no oil had actually washed up on any of its beaches. The sharp drop in tourism in the southwest Florida region caused financial difficulty for those employed by industries that depend heavily upon local tourism for their economic well-being. The good news is that tourists are slowly returning to the southwest Florida area, and businesses are recovering in step with their return. However, many business owners feel as though they should receive at least some compensation for the hardships that they have endured over the past five years.

One potential avenue for obtaining the compensation that those business owners seek is a class-action lawsuit settlement. Business owners in Mississippi, Louisiana, Alabama, and selected parts of Texas and Florida who are interested in pursuing compensation through that lawsuit settlement must act quickly, as the deadline for application for participation in that settlement is June 8, 2015.

Barrett Law PLLC:  BP Oil Spill Attorneys Helping Mississippi Businesses Affected by the Spill

The BP oil spill caused many different types of damage throughout the Gulf of Mexico and the surrounding areas. Business losses related are just one of the types of losses that are being compensated. If your business has experienced a loss in connection with the BP oil spill, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC may be able to help you pursue the compensation that you deserve.  Our compassionate and dedicated attorneys know how hard you have worked to build your business, and how difficult it has been for you and your business to weather the difficult economic times that have hit the Gulf area hard in the years since the BP oil spill. We have assisted many oil spill victims with their claims for damages, and we are here to help you.  Call the knowledgeable and experienced oil spill attorneys at Barrett Law PLLC today at 1 (601) 790-1505, to schedule your free, initial consultation.