How do I make a claim
for my damages?

While many lawyers are filing class actions regarding the oil spill claims, the laws governing these claims have a strict process regarding claims for damages resulting from the gulf oil spill. Filing a lawsuit now may, in some instances, slow the process of getting your recovery for your damages.
BP Oil Spill Claims Facts

Claims Under Federal Law

Under the federal statute, Oil Pollution Act of 1990 (“OPA 90”), any claim must be presented to the responsible party first to see if it will be paid. This is a mandatory requirement under OPA 90 and includes clean up claims as well as damage claims. The responsible party has 90 days to either pay the claim completely, partially, or to deny the claim. If there is no response, then that is the same as a denial.

After the 90 day period has expired or the responsible party has responded, then the claim can be presented to the federal Oil Spill Liability Trust Fund. There is a special form that can be used for the claim. To download or complete the form online click here and if you need the U.S. Coast Guard instructions on the form click here. The form can also be used to present the claim to the responsible parties as it provides a checklist of information and documents you will need to properly present your claim as a result of the oil spill.

If you file a lawsuit before you submit your claim to the federal Oil Spill Liability Trust Fund or while it is being considered by the fund, then you will not receive a response to your claim from the fund. The preparation of your claim is the first step of an important process. Contact us to help you recover the compensation you deserve.

Short Term Loans Under Federal Law

In addition to your claim under OPA 90, you may also be entitled to a short-term loan from the government under OPA 90 for your losses. If you are a fishermen or aquaculture producer, then during the consideration of your claim you may be able to get a loan if you have: incurred damages for which claims are authorized; made a claim that is pending; and have not received any interim payment for the claim. The loans are for either five years or when payment is made on the claim, which ever is longer. Contact us to see if you are eligible.

Claims Under Florida Law

Florida has a similar statute to OPA 90, the Florida Pollution Discharge Prevention and Control Act. The process for presenting claims is similar to the procedure under OPA 90. The claim is first presented to the responsible party and the responsible party then has 90 days to address the claim. If the claim is denied or not otherwise addressed within the 90 day period, then you may submit the claim to the Florida Coastal Protection Trust Fund. As with OPA 90, filing a lawsuit before or during the time a claim is being considered will prevent you getting a response to the claim. The damages recoverable under the Florida trust fund can be different than those recoverable under the federal trust fund. The Florida Supreme Court recently ruled that Florida fisherman can receive compensation for lost income. View Ruling (pdf) The preparation of your claim is the first step of an important process. Contact us to help you recover the compensation you deserve.