British Petroleum is encouraging people to file claims on the oil spill damage mainly to ward off a bigger mess later. The plan, I suspect, is to pay as little now as possible and try to convince people of its gracious efforts to help out the “little guy”. But, as with most big companies, BP has a legal staff trained and motivated to settle “small”. Don’t get caught up in the rush to settle early. Seek out experienced counsel first which is one way to insure that you will get the full measure of compensation due you for your damages. Filing your own claims will most likely insure that you are paid less than your claim is worth. Remember, the person on the other side representing BP is experienced and has marching orders from BP. There are all kinds of damage claims that can be filed. One of the most difficult to prove is devaluation of real property, but there are ways to make a case for such which should be handled by professionals. Documentation is vital! In response to a client’s complaints about the smell of oil in his beachfront home, I advised him to remove the air filter from his air conditioning unit, bag and tag it with date and time. The filter can later be examined by an expert to measure the air quality in the home. Photographs of the oil on the beach in front of your home, will be powerful at a trial. True, everyone has seen photos on the news but it will be your home that is the subject of a claim and possible trial. The purpose of this memo is not to detail all the possible claims that one might file but to remind everyone to document your claim now and use a professional trained in litigation! No matter how insignificant it may seem, the least little piece of paper, photograph or thought written down and dated may make your case later. And, remember the old adage about representing oneself…. Something about a fool for a lawyer?????
