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.