Claims and Litigation
What are these claims?
Economic Loss Claims
Individuals, businesses, and governments may be compensated for economic damages that resulted from the oil spill by bringing a claim under the Oil Pollution Act or a tort action. Some examples of economic damages that may be claimed under the Oil Pollution Act include:
| Type of Damage | Who May Claim |
|---|---|
| Lost Profits or Earning Capacity | Individuals, businesses |
| Loss of Tax or Other Government Revenues | Governments |
| Property Damage | Individuals, businesses, governments |
Medical Injury Claims
Under maritime law, individuals may be compensated for medical injuries caused by the oil spill or removal.
What is the status of these claims?
In March 2012, BP and the Plaintiffs’ Steering Committee agreed to resolve most economic loss and medical claims in two settlements.
The Economic and Property Damages Settlement generally includes (1) people who worked, lived, owned or leased property or worked on a vessel harbored in certain areas of the Gulf; and (2) entities that were doing business in certain areas of the Gulf. Claimants must meet several requirements set out in the settlement to be eligible. The court granted approval of the economic settlement on Dec. 21, 2012.
What has happened with the economic settlement since it was approved?
BP has objected to the way in which the claims administrator interpreted the settlement agreement, particularly how the administrator calculated certain business economic loss claims. The district court agreed with the claims administrator’s interpretation, and BP appealed to the Fifth Circuit. The Fifth Circuit overturned that portion of the district court’s decision and sent the matter back to that court for further consideration. In December 2013, the district court reversed its earlier decision and ordered the claims administrator to develop an appropriate protocol for calculating these claims.
The Medical Benefits Settlement includes clean-up workers and certain coastal and wetlands residents, who meet the eligibility requirements in the settlement. The court granted final approval of the medical settlement on Jan. 11, 2013; it was effective
on Feb. 12, 2014.
What happens to claims under the settlements?
These claims are being handled through the Deepwater Horizon Claims Center (DHCC), a court-supervised claims center established in June 2012. The DHCC replaces the transitional court-supervised settlement program (Mar.-June 2012) and the Gulf Coast Claims facility (Aug. 2010-Mar. 2012).
What happens to claims not included in the settlements?
Individual lawsuits not included in the settlements (either because the claim was not included or the claimant opted out) remain in the ongoing multidistrict litigation.
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DISCLAIMER: This overview is prepared for informational purposes only to inform individuals who are not involved in the litigation. It is not prepared for litigation and is not legal advice. Individuals with potential claims should consult with their own attorney. The information on this page is current as of September 2014.