What Claims May Be Submitted?

Claims can be submitted for a myriad of problems associated with either the oil spill or even the substantial threat of discharge of oil.  Possible claims include

• Removal Costs
• Real or Personal Property Damage
• Loss Profits and Earning Capacity
• Loss of Government Revenue
• Costs of Increased Public Services
• Subsistence Loss
• Natural Resource Damage

These are just some of the ways individuals may be able to be compensated for this disaster as a variety of other reasons do exist.  If you believe you have a claim contact our firm today to discuss your legal rights.  

Who Can Make a Claim for Damage from the Oil Spill?
A claimant could be

• An individual
• A corporation, partnership, or association
• The United States government
• Federal, state, foreign, or Indian tribe trustee
• States, the District of Columbia, municipalities, and political subdivisions of States.
• The Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, the Commonwealth of Northern Marianas Islands, and any other territory or possession of the United States
• Certain foreign claimants, in accordance with Section 1007 of OPA (33 U.S.C. 2707)
• An RP who establishes entitlement to a defense to liability or limitation of liability in accordance with Section 1008 of OPA (33 U.S.C. 2708)

Do You Qualify to Submit an Oil Spill Claim?
To qualify to submit an Oil Spill claim, the following must be true:

• The incident (events surrounding the spill the threat of a spill) must have occurred on or after August 18, 1990.  TAKE NOTICE, THAT EVEN THE THREAT OF THE SPILL GIVES YOU A RIGHT TO FILE A CLAIM.
• The incident involved the discharge, or substantial threat of discharge, or oil.
• The discharge or substantial threat of a discharge was into or upon the navigable water or the U.S., their adjoining shorelines, ...

As all of the above conditions have been met, claims under the oil spill category may be made.

Where do I Submit a Claim?
You must first submit your claim to the RP- The Berniard Law Firm will be happy to assist you in submitting your claims to the RP

• Unless you fall under on of the exceptions noted in the following text, you must always first submit your claims to the RP or its insurer.
• Your submission to the RP should state you are filing a claim under Section 2713(a) of the Oil Pollution Act. Simply submitting an invoice or a bill to the RP is not sufficient unless the bill or invoice clearly states that it is a claim under the OPA.

The exceptions for sending your claim directly to the NPFC rather than submitting it first to the RP are

• The NPFC advertises or notifies claimants to submit claims directly to the NFPC.
• An RP asserting a claim under Section 1008 of OPA (33 U.S.C. 2708).
• A Governor of a State submitting for removal costs incurred by the State.
• A U.S. Claimant suffers removal costs or damages from oil pollution from a foreign off-shore unit.

What You Need to Submit to the NFPC?
You must provide the NPFC with the information, documentation, and evidence needed to support your claim. The Berniard Law Firm will happily work with you to ensure that the processing of your claim is as quick as process, and that no stone is left unturned.  It is our goal to maximize your claims to make sure you receive full compensation for these matters. You are allowed to be reimbursed the reasonable costs of assessing your damages. Once again, the Berniard Law Firm will make it their top priority that you are reimbursed all reasonable costs of assessing your damages.

What is the Claim Format for an Oil Spill Claim under OPA?
There is no required format for an Oil Spill Claim under the Oil Protection Act.  However, you must support your claim with evidence, information, and documentation. Claims must be made in writing, and must follow include the following information:

• Type and amount of damages for each type of claim
• Total amount claimed
• Your full name, street and mailing address, and telephone numbers for your home and business
• Time, date and geographic location of the oil spill, identification of the navigable water impacted; and an explanation of how the oil impacted the water
• Identify the vessel, facility, or person causing or suspected of causing the spill, if possible, and include an explanation of why you suspect the vessel, facility, or person to have cause the spill.
• A general description of the impact of the spill, including the removal costs or damages claimed by category
• Explanation of how the damage happened, the location, and the date and time (this may/may not be the same as the location, date, or time of the spill)
• Descriptions of actions taken to minimize or avoid damages
• Costs of assessing the damage
• Name, street and mailing address, and telephone numbers of any witnesses and a brief description of what the witness knows
• Copies of any written communications and content of any verbal communications with the RP, including any claims submitted to the RP
• Information on any attempts to submit claims to the person or company responsible for the oil pollution
• Any compensation you have received for removal costs or damages from the spill
• Statement that no action has been taken in court or, if action has been taken, the status of the pending court case
• Certification statement of the accuracy of the claim to the best of your knowledge and belief
• Your signature and, if applicable, your legal representative's signature

As you can see this is a very complicated effort that would be best undertaken with the help of an attorney.

Timeline for Making a Claim
Claims for damages must be made within 3 years after the date on which the damage and its connection with the spill was reasonably discoverable with the exercise of due care. A removal cost claim must be made within 6 years after the date of completion of all removal actions for the incident.

The Claims Process
The NPFC processes claims in the order received.  First, the NPFC reviews the claim to see if all the information is included.  If additional information is needed, the NPFC will request that you forward the information.  If the information requested is not received within 90 days, the NPFC will complete the adjudication of the claim with the information it has.  This may result in a reduction of possible compensation or denial of your claim.

Once the NPFC sends you a claim determination, you must accept or reject the offer within 60 days

• If you accept, a release must be signed.
• If you take no action within 60 days, the offer to pay will be voided and the claim closed.
• If you reject the offer, you may provide additional information and ask NPFC to reconsider your claim.  This may start an entirely new review process.  Another claim determination will be made as a result of reconsideration and this determination on reconsideration becomes final agency action.  

Claims are paid in the order they are approved. Payment normally takes 30 days after the NPFC receives your signed release. Before accepting a claim, speak with an attorney to make sure that you are not prevented from further damages should they be available. It is important to make sure that your rights are not restricted when accepting compensation in your claim. The only way to insure you are not precluded or legally restricted is to have your claim inspected by an attorney to guarantee your needs are met properly.

Your Attorney's Role in the Claim Process
The Berniard Law Firm represents individuals and business in all facets of the claims process.  The Attorneys at the Berniard Law Firm can represent you in presenting your claims, in presenting the "Reconsideration" of your claim, and if your claim is rejected or if you rejected the offer in a lawsuit for your claims.  All claims will be considered, no claims are too small for our Attorneys.  If an award is not recovered, the Berniard Law Firm will not charge for any costs or fee related to your claim.  Please contact the Berniard Law Firm today to discuss your legal rights related to your oil spill claims.