Tampa FL Oil Spill Accidents Attorney
Florida has been and will continue to be affected by the Deepwater Horizon/BP oil spill in the Gulf of Mexico. If you are in the fishing industry, tourism industry, rent beach condos, work as a guide or on a crew and have suffered economic damage, contact a Florida BP Oil Spill Attorney today.
There are two ways to make a claim for damages resulting from the oil spill. A potential claimant may make a claim under the 1990 Oil Pollution Act (OPA of 1990) and/or through the court system.
Florida BP Oil Spill Attorney
We can fight to recover past and future losses for Business Owners, Managers and Employees including but not limited to:
- Lost Wages, Tips and Earnings
- Lost Profits and Increased Overhead
- Lost Benefits
- Lost Businesses or Employment
We can make claims for people in the following industries:
- Restaurant Industry
- Hospitality Industry
- Tourist Industry
- Retail Industry
In order to make a claim through the OPA of 1990, the President must first declare a responsible party. In the case of the Deepwater Horizon Spill the President has declared BP to be the responsible party. The OPA has a special fund (the Fund) set aside to assist with damages caused to property, people and businesses. Unless oil actually touches you or your property you will likely be required to make your claim for economic damages under the OPA of 1990, rather than in court.
Be advised, if you have already filed a lawsuit you are barred from making a claim to the OPA of 1990 until your pending suit is completed. Prior to filing suit under the OPA of 1990, the claim must first be presented to the responsible party, BP in this case. They have 90 days to process the claim and either settle or deny it. If no settlement is reached, the claimant may file suit or may make a claim to the Oil Spill Liability Trust Fund ( the Fund). If a partial settlement is reached the claimant may still file suit for the remainder of the outstanding damages or claim them to the Fund.
Each claimant must be able to prove their damages through evidence, which can be included in the claim. A majority of the economic damages can be proven by comparing tax returns or profit statements from previous years. Damage to persons or property can be proven with photos, video, medical records and repair or cleanup estimates and/or bills.
You as a business may be able to make a claim against your property liability insurance policy for lost income. An experienced attorney can review your policy in this regard. Michael Herron offers this service at no cost. Don't pass up an opportunity to recoup your losses.
Be advised that as a potential claimant you have a duty to mitigate your damages. This can be accomplished by reducing overhead, which has been made unnecessary due to the loss of business, repairing damage as quickly as possible, contacting clean-up crews if oil is found on your property, seeking medical attention immediately if necessary, offering discounted rates, and taking other reasonable steps to reduce your losses. Be sure to document all steps taken to “mitigate” your losses.
Bring the following to your consultation:
- 2008-2010 Tax Returns or W-2s and
- 2010-2011 Paystubs from all employers
- Picture I.D.
Contact a Florida BP oil spill attorney at 813.258.4878 (toll free 866.844.6564) or contact us online for a free initial consultation. The Law Offices of Michael R. Herron, P.A. is a personal injury and criminal defense law firm in Tampa, Florida.
