All posts by kervin

BP Oil Spill Litigation Update: Audits and Worker Claims

New Orleans businesses that have been waiting patiently, or not, for information about the BP Oil Spill litigation finally might have some good news. Unfortunately for anyone who has filed for personal injury related to the BP oil spill litigation, not all the news is favorable. While these updates almost always seems to be a mixed bag when it comes this catastrophe, to have both updates on the oil spill happen within a week of each other almost feels incredulous. Here are the two latest updates on BP’s Deep Horizon litigation.

BP Oil Spill Litigation Claims Exoneration

Many of the New Orleans and surrounding area small businesses have claims against BP Oil. Those claims were put on hold when BP questioned the integrity of the claim administrator Patrick Juneau. A third party audit was called to review all claims in the anticipation by BP Oil that errors would be found in their favor. That was not quite the end result of the audit.

The third party audit of BP oil litigation claims administered by Patrick Juneau was found to be well designed, appropriate and correctly processed 99.5% of the time. This means that the claimed $14 billion in damages can move forward. That is good news indeed for anyone who has filed.

Cleanup Workers Will Need to Sue

Unfortunately not all the news was as good as the audit news. A federal judge has ruled that those cleanup workers who have sustained personal injury will need to sue BP Oil in order to receive damages. This will mean a yet longer delay in seeing these settlements handled as lawsuits get under way. It had been hoped that these workers, technically working for BP Oil, could have these personal injury damages handled for automatically as workers compensation. This ruling changes this and makes filing a lawsuit a requirement for any reimbursement for personal injury in this situation.

Exposure related injuries diagnosed after the April 2012 cutoff must now sue for compensation. Although Judge Barbier was reluctant to do so, he agreed with BP Oil that such injuries must now be treated as latent injuries in the same category as cancer. This will slow many of these types of BP Oil spill litigation claims and make some almost impossible to prove.

Experienced Personal Injury Lawyer

If the current changes are going to affect you in any way, legal representation will be an important first step. The Law Offices of David D. Kervin Jr. have been involved in a number of personal injury cases involving environmental negligence. This includes this long standing battle in the BP Oil spill litigation. Talk to us today and let us know your situation. We are here to help. Contact our officesand set up a free consultation.

Does BP Court Decision Change Liability in Louisiana?

he recent U.S court hearing has resulted in a BP court decision that may up the ante for any extraction industry when it comes to liability in Louisiana, not simply the oil industry itself. What this may mean for any liability cases when small business in Louisiana is impacted by these businesses may be up for grabs, but it certainly will not hurt their cases. That, at least, is how some liability lawyers in Louisiana are looking at the end result of this landmark case.

Gross Negligence is Key

At the center of the case is U.S. District Judge Carl Barbier’s finding that BP Oil was guilty of “gross negligence”, even before the explosion that devastated the area. With 11 workers killed and billions of barrels of oil spewed into the gulf for the next three months, the damages are bound to be huge. Adding the designation of gross negligence to the already damaging case simply means that the end penalty could become record breaking. That is bound to set precedence or two alone.

Looking at the Definition of Risk

One of the key findings to come out of this case is the way that risk may become defined. If the case ends up defining standards for how much risk is too much, it could have a big impact on what any lawyer in Louisiana will consider in a liability case that involves any extraction or dangerous practices. Jessica Owley, a SUNY Buffalo Law School environmental law expert has stated,

“Other regulated industries are also going to be looking at what are the standards that courts are going to impose on their actions.”

The amount of impact that this case has remains to be seen. But whatever the consequences, and this case is by no means over, the BP court decision we have seen so far will affect how anyone looks at liability law in Louisiana and in fact anywhere in the U.S. for decades to come. The message is certainly clear to anyone in the oil industry who is listening. At this point that probably includes everyone, plus the businesses in New Orleans who have suffered the ill effects of the catastrophe.

A Thanksgiving Tradition in New Orleans

If you are like our office, Thanksgiving is a time for getting together with family. We are always grateful that we have family and the ability to have a traditional New Orleans Thanksgiving. But I know that not everyone has either the means or the family nearby. Luckily, there are several events that are a New Orleans tradition at Thanksgiving. These are perfect as celebrations that include everyone, even those who are on their own.

Sherriff’s Thanksgiving Dinner Celebration

Nothing says New Orleans Thanksgiving quite like this celebration, now in its 40th year. Once again the festivities begin at 10 A.M. and will last all the way until dinner and music ends at 1 P.M. This year we will be serenaded by two Grammy Award winning artists: Irma Thomas and Irvin Mayfield, along with several local artists. Of course, the food is what this celebration is all about and you can bet it will be mouth-watering and plentiful. If community is what you want to celebrate this Thanksgiving, why not do it by being a part of a New Orleans Thanksgiving tradition.

The Classic Thanksgiving Parade

Who doesn’t love a parade? This icon of turkey day starts at the Superdome and winds its way to the French Market for the perfect ending to the day. You will see marching bands for both of the rival teams that will be playing at the Bayou Classic Championship game later and have plenty of excuse to yell your head off in the process. Great for working off all that turkey you had earlier at the Sheriff’s amazing banquet.

Wishing You a Wonderful New Orleans Thanksgiving

So from our family to yours – we wish everyone a wonderful Thanksgiving and hope it is filled with the laughter of family and the joy of community. Happy Thanksgiving to everyone.

Welcome to Kervin Young Personal Injury Blog

Today’s world is complicated. There are a number of ways that you may find yourself at one end or the other of a legal case involving personal injury. It could be a simple thing like your Aunt Edna slipping and falling on an icy sidewalk or a complicated personal injury case such as the many we see still involving the BP oil spill and many of our local small businesses. Whatever has brought you into the sphere of having to deal with an injury case, knowing what to expect can really help.

Today’s Technology and Personal Injury

There was a time when most people were only concerned with physical injury, but the net has changed so much of how we see injury. That is why we will be exploring other types of injury cases, looking at the whole range of ways you may find yourself suddenly in the midst of an unexpected trip to the lawyers.

The Age of the Automobile

Car accidents have become the scourge of today’s modern world. The numbers seem to pile up higher and higher and there is no end in sight. Of course, when you get in an accident those numbers are no longer a piece of data, they become personal. There are ways to avoid becoming another statistic and there are cases that bring these numbers to light. We will take a look at all of them.

Louisiana’s Local Personal Injury Scene

While the basics of what you need to know if you should find yourself at the short end of the stick when it comes to personal injury cases are probably the same around the country, knowing your local rulings never hurts. As we have discovered recently, even professional athletes are not immune to personal injury problems, such as we recently saw with the Timberwolves road trip disaster. We will take a look at cases happening right here on our doorstep and how they might impact our lives, whether we are looking at a case or not.

Stay Tuned for More

So do come back. We will be asking your opinion from time to time as well as giving you our own. We will share some stories we have heard, let you in on the latest changes to the law and always keep a close eye on the local scene. It’s our city – let’s get to know it a bit better.