Has BP Appealed Your Eligibility Notice?

BP has the right to appeal any award over $25,000. In recent months we and others have seen the amount of BP appeals explode. To date BP has filed thousands of claim appeals, and openly brags about its overall 75% success rate. Even worse, when BP wins a claim appeal the claimant typically will receive nothing due to the “baseball arbitration” rules used in the claim appeals process. Baseball arbitration rules dictate that the claimant and BP must submit a timely “final proposal,” which is a legal document setting forth what each side proposes should be paid on the claim. The appeals panel must choose either the claimant’s Final Proposal, or BP’s. Since BP routinely puts down $0 in its Final Proposal, this means when BP wins such an appeal the claimant receives no compensation.

Sadly, many claimants are missing important appeal deadlines and losing their appeals simply because they don’t have a lawyer (or hired a lawyer with little or no experience in this area). The appeal deadlines are very short, the rules are complex, and BP has hired one of the largest and most prominent defense firms in the country to handle its appeals. Most of the issues on appeal relate to interpretation of the Class Action Settlement Agreement, which is over 1,000 pages long. Additionally, the appeals panelists expect the claimant to provide citations to the hundreds of Policy Decisions interpreting the Settlement. Expecting a small business owner that is busy running a company to find time to read to handle this process is not realistic.

To date, we have handled over 100 claim appeals, and to date we have only lost 1 (and in that one case the claimant still received substantial compensation). We offer a discounted fee for “appeals only” engagements. Instead of our usual 25% fee, we charge a fee of between 10-15% (depending on the size of the claim and other factors).

If you have an appeal and want to discuss it, please contact me directly at 713.230.2308 or by e-mail at aeasterby@williamskherkher.com. Because appeals are so time sensitive please do not delay.

Do you Qualify? www.MySpillClaim.com is a free and easy tool to find out.

We launched www.myspillclaim.com several months ago. This website uses the “V-Shaped Revenue Test” set forth in the Settlement Agreement. The V-Shaped Revenue Test is the primary protocol to determine whether a claimant in Zones B, C, and D qualify for payment. The test is free, easy, and confidential. You will need to gather your gross monthly revenue for the time period between May 2007 and December 2011 to run this test. Finally, www.myspillclaim.com is only for businesses, nonprofits, or individuals that commenced operations prior to November 1, 2008, and didn’t close before December 31, 2011.

Of course, if you’d like to receive a free and confidential evaluation you can always contact us today

Gulf of Mexico Oil Spill Claims

The Deepwater Horizon Claims Center (“DHCC”) has been operating for over 1 year. The DHCC processes claims pursuant to comprehensive Class Action Settlement under the supervision of federal court Judge Carl Barbier. The settlement has been confirmed by Judge Barbier.

The DHCC replaced the Gulf Coast Claims Facility (GCCF).  The DHCC is operating under new rules that are designed to cure many of the perceived deficiencies of the GCCF.  For example, certain claim types (real estate claims, personal injury claims, and many others) that the GCCF rejected are now eligible for compensation.  The fact that your claim was denied by the GCCF is irrelevant to the DHCC.  It is a new system with new rules.

Unfortunately, the rules governing the DHCC are extremely complex. Business claimants will need an experienced team of lawyers and CPAs to negotiate their claims or risk forfeiting full compensation. Each claim is different. What is good for one claimant is not necessarily good for another. BP will have its lawyers and CPAs reviewing each claim, shouldn’t you?  If you would like to know more about the CSSP and your options, contact an oil spill claim attorney of Williams Kherkher at 800-821-1544.

We’ve been involved in the BP claims process since the day it started.  We’ve negotiated and resolved hundreds of claims.  Our team of lawyers and CPAs know that the key to a successful claim is getting to know the claimant, his or her business, and aggressively pursuing full compensation.  We’ve represented hundreds of businesses in all categories, and are familiar with every aspect of the DHCC and the class action settlement.

The Deepwater Horizon Claim Center

There have been many complaints about the Deepwater Horizon Claim Center (“DHCC”), and we get calls every day from frustrated claimants who have tried to prepare their own claims but can’t get a response. Let’s face it, if it were easy to prepare a claim package and get it paid people wouldn’t need to hire lawyers. But what lawyer?

Most of the lawyers who are advertising for these claims first got involved less than 1 year ago. They sign up hundreds of clients with promises and assurances that the claims will be promptly filed and paid, but then do nothing. Clients get frustrated when they hear about friends and neighbors getting paid while their claim sits on a lawyers’ shelf. This, unfortunately, is very common.

We, on the other hand, have been handling Oil Spill claims since June of 2010. We were amongst only a handful of law firms who were invited to negotiate large-loss claims in Ken Feinberg’s office in Washington, DC. Through that process we forged relationships with BP’s accountants and lawyers, who are currently working within and with the DHCC. We also made it clear to BP that we did not accept frivolous claims and that we only accepted legitimate businesses with real losses. Because of this, we now have the ability to get our clients paid properly and promptly.

Our performance on Oil Spill claims is amongst the best in the country. Over 96% of our claims result in an Eligibility Notice and payment. In fact, we’ve only had a handful of claims denied. The national average for claim denials is over 40%. Does it make sense to entrust your valuable claim to someone who loses 40% of the time?

The DHCC and Oil Spill Losses

If your property or business has been affected by the massive oil spill in the Gulf of Mexico, you may be eligible for compensation for cleanup costs, damage, lost revenue, and other compensation. Without financial assistance, you may be forced to pay out-of-pocket for damages that you should not be responsible for. We may be able to help you if have suffered:

All of these losses can have a devastating effect on your personal and professional life, and you may face serious financial struggles if you are not provided with the financial compensation that you need and deserve.

It is important to consult an experienced Oil Spill claims lawyer of Williams Kherkher at 800-821-1544 to protect your financial stability and your future as you pursue a claim.

Contact Us

For the last three years we have worked tirelessly with one goal:  that each of our Gulf oil spill clients receive prompt and proper compensation.  To that end we have established innovative processes to quickly and thoroughly calculate all potential losses.  We also have established relationships with the CPAs that actually process claims.  We’ve now successfully resolved hundreds of Gulf oil spill cases and recovered in excess of $50 million for our clients.  We are not a referral firm, we handle your claim directly.

The Gulf Oil Spill claims attorneys of Williams Kherkher have years of experience helping people seek the fair compensation they deserve from negligent parties. To discuss how we may be able to help you, contact us today at 800-821-1544.

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