By Jennifer Raymond
As oil continues to gush into the Gulf at a rate of 35,000 to 60,000 barrels per day from the April 20 explosion of the Deepwater Horizon rig, many people in areas along the coast are feeling the effects. For many, it has been a loss in business, work and income.
A meeting was held on Tuesday, June 29, where two law firms offered their advice for those who have been impacted by the oil spill.
Fonvielle Lewis Foote and Messer Law Firm and Mowrey Law Firm have joined forces to aid those who are filing claims with BP, as well as those who have chosen to sue BP.
The two firms were invited to present their advice to residents of the county by the Wakulla County Republican Executive Committee.
Attorney David Fonvielle said the purpose was to help the residents understand what their rights were and what they were going to be.
Fonvielle said his law firm is the leading firm in the area in dealing with disasters.
The first lesson he gave was that there’s no rush to make a decision about whether or not to enter into a lawsuit or mass tort against BP.
He added that if someone jumps into a lawsuit, they then may not be eligible to receive any money from the $20 billion set aside by BP.
However, he did recommend that if someone has already been affected, such as an individual, they should file a claim with BP. But remember that the adjusters are working for BP.
“Be careful about what you sign,” Fonvielle said.
He recommended having an attorney look over the paperwork.
For businesses, Fonvielle said, in his experience, they typically need a lawyer.
“You are on the line for your future,” he said.
The firm’s fees would be on a contingency basis.
“In the front end, it’s not going to cost you anything,” Fonvielle said.
Under a contingent fee, the firm only gets paid if their client does.
Fonvielle also advised against joining a class action lawsuit.
He said those affected need to be involved in a case where they are individually represented.
Fonvielle added that in a class action, everyone is treated equally.
“Like you are just cattle in a pen,” he said.
He explained that a mass tort is where a client has an individual claim and isn’t grouped with others.
“It’s going to affect everybody differently,” Fonvielle said of the oil spill.
Attorney James Messer said those who have been affected or might be affected need to gather documents.
When filing a claim with BP, he said they want to see three years of data.
Accountants with Carr, Riggs and Ingram, who are helping the firm, stressed the importance of documentation.
Another idea is to get statements or recordings from customers who aren’t buying a certain product or service because of the oil spill.
Messer also recommended people go to BP and file a claim first to see if they can get the money they deserve. If not, then they may want to look at the $20 billion in funds that have been set aside.
Messer said he was told that the $20 billion is just a down payment.
Messer said those affected have three options.
The first is to file a claim with BP and have the firm review it.
“The second option is to have the firm prepare the documents and submit the claim to BP. There is a 10 percent fee for those claims.
The third option is to sue BP if they don’t receive the compensation they would have liked.
According to BP, as of June 30, $132 million has been paid in claims.
There are 35 field offices in the communities for those wishing to file a claim.
BP will pay all legitimate claims that include property damage, net loss of profits and earning capacity, subsistence loss and natural resource damage, removal and cleanup costs, cost of increased public services and net loss of government revenue.
BP will evaluate claims for bodily injury. These claims are not payable under the Oil Spill Pollution Act of 1990.
Figures for Wakulla County could not be provided.
“We’re shielded from a lot of the big numbers because of where we are,” said Don Boyne, local community site coordinator.