BP Oil Spill: An Ugly Case of Negligence

As the days go by, oil continues to spew from BP's off shore drilling site. Since the tragic oil spill began on April 20th, an estimated 19,000 barrels of oil have polluted the waters of the Gulf region each and every day. The oil spill has already had a great environmental impact, and will likely result in up to 100 billion dollars in damages. So who's covering the costs for such immense damages, BP...right? Well, not exactly. Although it's logical to think that if you make a mess, you are then responsible for cleaning it up, such logic and common sense has failed to be applied in this tragedy. Instead, the issue of liability has become highly political and entirely unfair.

Following the Exonn Valdez oil spill, Congress passed the Oil Pollution Act of 1990. A major element of the bill states that an oil company can only be liable for up to 75 million dollars in damages. In other words, the law puts a cap on the damages that major oil companies are responsible for. It doesn't sound too fair, does it? The Oil Pollution Act has been actively utilized in the BP catastrophe. As BP has been trying to protect itself under the law, Democrats have been fighting to drastically increase a monetary cap on liability or to eliminate such a cap altogether. However, such efforts have been met with Republican resistance as those on the right have seemingly shown more interest in protecting their buddies over at the major oil companies than the American tax payer. Why should tax payers be on the hook for BP's mistakes and outright negligence? After all, we are not the ones liable, BP is!

In this case, BP should be held accountable for their liability and negligence. We would expect to hold them to the same standard as we would for anybody who is negligent or reckless. Shall I go out on a limb to say that they should be held to a higher standard? Then again, if I do, I might get my head handed to me by those pesty republicans. Anyway, when I pursue a claim for negligence on behalf of an injured party, there is no "cap" on damages. Victims of negligence are entitled the monetary worth of the damages they have sustained...however high the figure may be. If you feel that you have obtained damages as the result of negligence, feel free to contact us

TRICKY INSURANCE COMPANIES, MEANINGLESS LAWYER ADVERTISING AND FRIVILOUS LAWSUITS

Having been in the business for over twenty years, we are sick and tired of insurance companies taking advantage of injured victims before they have a chance to talk to a lawyer. For years, many insurance companies would tell accident victims not to talk to an attorney. In fact, they used fear to dissuade people from getting good advice.

Guess what? You may not need an attorney to represent you in your case. No one, however, should settle a case without understanding the “legal system.” Remember insurance companies are in business to make money for their owners and/or shareholders. They don’t care about you.

That adjuster just wants to close the file and get you to release all claims.

Here are some of the sleazy tactics insurance companies use just to wear you out and get you to go away.
1. Deliberate Delay—They know that often you are in a financial squeeze. Even if you have good health insurance, the fact that you aren’t working may make it difficult to pay co-pays, deductibles, transportation, etc. The insurance company knows you are getting dunned by the doctors, so they take their time with your claim. We have had elderly clients die waiting for their claims to be resolved (don’t think for one moment that some insurance companies don’t actually plan this). In a recent case, we dealt with an insurance company that delayed an delayed until our client died of colon cancer.
2. Requesting Unnecessary Information—Insurance companies will insist that you track down every little piece of information before “We can evaluate the claim.” Even if the information they are now asking for would not add a penny to their offer, they are happy to wait another six weeks for you to track it down. Meanwhile, they are earning interest on the money they are NOT paying you.
3. Disputing Medical Treatment—Even though I’ve never met an adjuster who went to medical school, they seem to know just what treatment is right for you! Usually, they “know” that you were over treated because “our computers say you should have been better by now.” Insurance companies frequently hire the same doctors over and over again to write negative reports about injured clients. Often the conclusions of these doctors are so preposterous, it makes our blood boil.
4. Nickel and Dime the Medical Charges—Think about it. IF they shave just 5% off your claim and can do that to the millions of claims made each year, they get richer.
5. Misrepresenting Insurance Benefits—This is a big one. They tell you there’s only $100,000 coverage. We file suit and “magically” find an umbrella policy! Many times in car accidents, the defendant has a homeowners or umbrella insurance policy that covers above their auto insurance.
6. Acting Like Your Friend and Making False Promises—Many insurance companies are lazy intentionally, and don’t actively seek to resolve claims until their insured is sued or the case is awaiting trial. Watch out for the adjuster who befriends you, shows up at your house and promises to pay your future medical bills. We know of one company that shows how they do this in television ads. This is a tactic to stop you from hiring a lawyer. They won’t come around your house once you have a lawyer. Those future medical bills? Well, they’ll pay them until their computer says “too much, too much, this claim is costing us too much.”
We wrote this report so you can become empowered. Knowledge arms and protects you from predatory insurance companies.
We were also sick and tired of outrageous lawyer advertising where lawyers with a reputation for handling hundreds of cases at a time make promises that can’t be kept or equate your injury to “cash, cash, cash.” Did you ever notice that almost all of the attorney ads in the yellow pages claim personal injury expertise? Many lawyers, who NEVER go to court, settle each case for pennies on the dollar. There are also attorneys who don’t have the knowledge of when to settle a claim and will recklessly take your case to trial. Experienced lawyers know when to settle a claim and when to go to trial. The insurance companies know who they are and so should you.

Finally, we are also tired of lawyers who file frivolous lawsuits because these claims hurt everyone by delaying real claims from getting to court. If you are looking for a lottery win, look elsewhere. If you are looking never to work again because someone tapped you from behind at a red light, look elsewhere. Our firm handles legitimate claims for legitimate claimants. No “quick cash for your pain” here. Sorry.