Gulf Coast Oil Spill
Gulf Oil Spill Settlement Announced
Details of the Settlement in Principle
Economic Loss Claims
Individuals and businesses that suffered financial losses from the oil spill will be compensated within a framework intended to encompass all economic losses reasonably related to the oil spill.
It is presumed that losses suffered by businesses and individuals in close proximity to the Gulf Coast, or in the seafood industry, were caused by the oil spill without further proof. To account for the specific circumstances of other claimants, there are a variety of ways to demonstrate that losses were caused by the oil spill. There is no "one-size-fits-all." The intent of the framework is to be inclusive.
Under the settlement, the formula for calculating the amount of compensation allows each claimant to select the months used to measure lost income or profits based on historical earnings. Most importantly, the formula allows claimants to recover for lost growth potential. Again, there is no "one size fits all." Generally speaking, for claimants eligible for compensation, a Risk Transfer Premium (RTP) or "multiplier" will be used to account for ecological and economic uncertainty. The specific RTP multiplier depends on the location and nature of the claimant's business.
Medical Benefits
The Medical settlement will potentially benefit hundreds of thousands of Gulf Coast residents and Clean-Up Workers who suffered acute or chronic illnesses from exposure to oil and chemical dispersants in the weeks and months after the oil spill. Residents in the coastal and wetlands areas of Louisiana, Mississippi, Alabama and the Florida Panhandle will be compensated for a broad range of specific medical conditions such as respiratory, skin, stomach, headaches and a host of other ailments. At one end of the spectrum, Clean-Up Workers can submit a claim with a Declaration under penalty of perjury describing the conditions or symptoms after exposure even if they did not seek medical treatment at the time of exposure. At the other end, residents and workers who suffer chronic symptoms or conditions from exposure will be required to submit medical records from the time of exposure and for ongoing medical care. Coastal residents and Clean-Up Workers who experience future manifestation of illness retain the right to sue BP without proof of liability for the spill and exposure.
The settlement also establishes a periodic medical consultation program for 21 years for people affected by the spill to ensure access to appropriate healthcare throughout the Gulf Coast region. A grant of more than $100 Million will be used to establish a 5-year program to enhance access to physical and mental health care services in the Gulf Coast region-with an emphasis on integrated and sustainable community-based primary and mental health care and environmental and occupational health services. These services will benefit families in the entire region for years to come.
Affected Property Owners
Property owners and long-term lessees of waterfront properties in the affected coastal and wetlands region are eligible to receive compensation for loss of use and enjoyment of their property. This compensation was not available through the GCCF and recognizes that residents in the affected region were unable to fully enjoy their homes in the aftermath of the oil spill.
To read the entire BP settlement agreement, click on the link below:
Deepwater Horizon Economic and Property Damages Settlement Agreement.
Latest Oil Spill News
- Apr 16, 2013
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BP Trial: Witness Says Investigation was Incomplete - Feb 26, 2013
BP executive resumes testimony at Gulf oil spill trial - Feb 26, 2013
Witness in Gulf oil spill trial charges BP had flawed safety record - Feb 26, 2013
First spill trial witness: BP put cost cuts over safety - Jun 05, 2012
BP Oil Spill Settlement Conference Announced for Lawyers & CPAs. - Apr 18, 2012
Attorneys in BP Oil Spill Case File Documents Outlining Details of Proposed Settlement (Press-Register) - Mar 06, 2012
$7.8 Billion BP Settlement Would Shut Down GCCF - Mar 05, 2012
Former BP executive Tony Hayward was grilled on past safety record, oil spill deposition shows - Mar 02, 2012
PLAINTIFFS' STEERING COMMITTEE IN BP GULF OIL SPILL LITIGATION ANNOUNCES SETTLEMENT IN PRINCIPLE WITH BP - Nov 07, 2011
77 More Oil-Spill Claims Against BP (Courthouse News Service) - Sep 16, 2011
Judge Asked to Rule in Favor of Vessels of Opportunity Participants: Local Boat Owners Could be Affected (Press-Register) - Aug 10, 2011
Boat Owners Call BP's Cleanup Program a Corrupt Conspiracy (Courthouse News Service) - Apr 19, 2011
Vessels of Opportunity Lawsuit: BP Broke Promises in Oil Spill Program (al.com) - Apr 18, 2011
Lawsuit Filed for Vessels of Opportunity Participants - Apr 18, 2011
Former VOO Captains Sue BP for Damages (WALA) - Apr 12, 2011
Deadline to Join Lawsuit Draws Near (WALA) - Apr 11, 2011
Developers Seek BP Settlement for Failed Commercial Project (al.com) - Mar 03, 2011
Shrimper Says BP Lawsuit May Be Best Bet (WKRG) - Feb 18, 2011
Deadline For Oil Spill Litigation (WKRG) - Feb 03, 2011
BP Mediator Feinberg Can't Call Himself Independent, Judge Says (Bloomberg) - Feb 03, 2011
US Judge: Spill Claims Czar Not Independent of BP (The Associated Press) - Dec 20, 2010
Baldwin Schools Hire Cunningham Bounds to Handle $4.4 Million BP Claim (Press-Register) - Oct 09, 2010
Robert T. Cunningham Appointed To Serve On Plaintiffs' Steering Committee In Oil Spill Litigation - Jul 29, 2010
BP, Spill Victims Fight Over Venue for Court Cases (New Orleans City Business) - Jun 14, 2010
Insider at BP Call Center Admits Truth (wkrg.com) - Jun 06, 2010
After BP inaction, Fairhope will deploy its own boom (al.com) - May 27, 2010
Oil spill notebook: Company faces suits (Mobile Press-Register) - May 26, 2010
Transocean Agrees to Allow Oil Pollution Act Claims to Proceed - May 24, 2010
Cunningham Bounds Has Three Partners Named to Lawdragon’s 500 Leading Lawyers in America for 2010 - May 22, 2010
Leaking Gulf Oil Feeds a Litigation Flood (ims-expertservices.com) - May 21, 2010
Legal Landscape For Oil Spills Has Changed Since Exxon Valdez (wkrg.com) - May 13, 2010
Gulf oil spill rig owner Transocean seeks to limit liability to about $27 million (al.com) - May 12, 2010
Cunningham Bounds Files Brief in Response to BP's Motion to Transfer Actions - May 11, 2010
BP Files Court Papers to Transfer all Oil Spill Lawsuits to its Hometown of Houston, Texas - May 08, 2010
Eight Cunningham Bounds' Attorneys Named in Super Lawyers Magazine - May 07, 2010
Florida Vacation Rental Managers Association Recommends Cunningham Bounds - May 07, 2010
Panhandle tourists weigh reservations (Atlanta Journal Constitution) - May 06, 2010
Property owners and developers along the US south coast bracing for impact of massive oil leak (propertywire.com) - May 06, 2010
Shelby man, Jeffco firm file lawsuit over oil spill aim to get class-action status (The Birmingham News)



