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How BP Civil Trial affects Class Action Settlement

Greene and Phillips LLC

Updated: Tuesday, 05 Mar 2013, 10:12 AM CST
Published : Tuesday, 05 Mar 2013, 10:12 AM CST

The BP Civil Trial just started and some of you had questions about how that would affect the BP Oil Spill Class Action Settlement for businesses. We asked David Greene from Greene & Phillips to help answer your questions.

The first question is, "How is the Federal Civil Trial related to the Settlement Claim for businesses?" David Greene says they are actually two very different legal matters. What’s going on now in New Orleans is the states themselves, Alabama, Mississippi, Louisiana requesting damages to cover their costs from the BP Oil Spill. The BP Class Action Settlement of last year, on the other hand, is for businesses and individuals who were affected by the Oil Spill.

The next question is, "Who is eligible to receive money for damages under the class action settlement?" The answer is any businesses owner in Alabama who meets certain requirements under the terms of the settlement.  David Greene says a lot of people think that only businesses along the coast can benefit from the settlement, but any business in the state may be eligible if it opened before or shortly after the oil spill.

The next question is, "What requirements have to be met in order to get approved to be included in the settlement?" David Greene says the requirements have to do with showing a downturn in revenue in the months after the BP Oil Spill and then showing a recovery in 2011. He adds that the terms are very plaintiff friendly, and you have a variety of ways to show you had economic loss. 

The next question is, "Does a business have to prove that the oil spill directly damaged their business?"

The answer is no. To be eligible for the settlement, you have to show a downturn in business then a recovery, or you can show that you were dependent on a larger business that was hurt by the oil spill, or that you lost a contract because of the oil spill.

Another question is, "What types of businesses have you seen get approval to receive settlement money?" The attorneys at Greene & Phillips have seen people in businesses such as construction, hotels, restaurants, dentistry, and more receive a profit from the oil spill.

If you're a local business owner, you're probably wondering what steps you need to take in order to be a part of this settlement. David Greene says you should first consult with a lawyer who can guide you through the complexities and pitfalls of this this process. He says the lawyers at Greene & Phillips help clients gather the correct financial statements, and then take care of all the legal footwork. And he says you should submit your claim as soon as possible. All claims must be in by early 2014.

Greene & Phillips
50 North Florida Street
Mobile, AL 36607
(251) 478-1115
www.greenephillips.com

Sponsored by Greene & Phillips

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