Letter: Oil Spill Claims Litigation Options Still Available

Oil Spill Claims Litigation Options Still Available

Editor:

Many who file claims with the Gulf Coast Claim Facility ("GCCF") will have their claims denied. Others will not be fully compensated for their losses. Those individuals and businesses, unhappy with their GCCF claim result and who missed the April 20, 2011 MDL (Multi District Litigation) filing deadline, still have important litigation options available.

Although the ability to recover against Transocean (the owner of the Deepwater Horizon oil rig) may be lost, litigation can still be asserted against the remaining defendants. And, with joint and several liability, litigants may still be fully compensated. Joint and several liability means a litigant may recover all his damages from any of the defendants regardless of their individual share of the liability. Claimants can continue to join the litigation after the April 20, 2011 deadline, but it would be best that they join well in advance of the February 27, 2012 limitation trial date.

The limitation trial will be in the United States District Court in New Orleans. The Court will decide whether Transocean, BP, Halliburton and the other defendants are liable to the people who have filed claims. The court will also decide the amount of fault between and among the defendants. It may determine whether some of the defendants might be liable for punitive damages for gross negligence. A punitive damage award is compensation above and beyond actual economic losses as punishment for the reckless disregard for the safety of others. The court`s ruling that punitive damages may be awarded might significantly increase the amount of a future potential settlement.

There will be no money awarded at February 2012 trial. But, the court`s important decisions at the trial will lead to money damage awards, either through additional court proceedings or through settlement.

Local attorneys Terry Tataru (352-543-6090) and John Cook (352-493-9797) are available to answer questions regarding litigations options.

Terry Tataru
John Cook