BP CLAIMS-CHECKLISTS

TIME IS RUNNING OUT

Opting out for BP Claims and Open Claims

Gregory Friedlander & Associates, P.C.

We need to file presentment claims for each of the claimants we are going to represent IF they are an “opt out” candidate or if they are “an excluded class”.  Otherwise, they lose their claim.  Deadlines below:

For any new clients we need them to prepare an initial proof of loss for the presentment requirement-see below

This presentment would be the following (as a starting point)

1) The amount invested in each item

2) The value of each project before the spill-value at present

3) Income lost (estimated) from the spill to the present

4) Profit lost (lost sales/the loss in a sale of a business or property: what you should have received vs. what you did receive)

5) Any other financial type of loss.

We need this by each separate entity/person

This is the actual form to file a BP Claim. I suggest reading it carefully: http://www.bp.com/assets/bp_internet/globalbp/globalbp_uk_english/gom_response/STAGING/local_assets/downloads_pdfs/demands.pdf

This is the website which leads you to the form above: http://www.bp.com/sectiongenericarticle.do?categoryId=9036580&contentId=7067577&nicam=vanity&redirect=www.bp.com/claims

We need this no later than 10/7/12

**The settlement summary references this information under item 15 on page 10.

**The best way to handle this is to fill out but not file the form. Do the actual calculation of damages separately. Meet with us to confirm you have the correct information.

Theoretically, you need to file a lawsuit (which may or may not be satisfied by the short form joinder or a previously filed class action) after 90 days from sending this form and prior to 4/20/12.

OPT-OUT DEADLINE : November 1, 2012 (extended from 10/1/12)

IT IS TIME TO FINISH YOUR CLAIM

There are absolute deadlines that will prevent you from collecting against BP for your losses. These are upon us.  If you delay any longer, we will not be able to help you with your case.

SOME DEADLINES IN THE DEEP HORIZON CASE

1)    Opt out deadline-11/1/12.  YOU must sign this application.

2)    Presentment deadline (90 days before filing) This date is EFFECTIVELY for us 11/15/12.  Thereafter we would not have time to prepare a presentation to BP and still have time to draft and file a suit.  If you are NOT included in the class (this applies to all excluded classes OR cases where your claim is inadequate under the class or where the class collapses) you must (a) opt out by 11/1/12; (b) make presentment this year; (c) file suit by 4/20/13.  These are NOT extendable deadlines.

3)    Filing dealine-4/20/13.  Note you must make presentment 90 days before this date, so you have to well underway by January 1, 2013. For our purposes we put the deadline at 11/15/12 for presentment.

These deadlines apply whether you are a class excluded or a class included. The only exception is if you are a class action member AND you qualify under the class AND the settlement is effective.

Practically, any member of the class that hasn’t provided us with the information we need for “Presentment” by 10/10/12 will not be included in the class action via our firm.

Did you know that every business has at least two claims?  One claim for the business and One claim for the individuals who own the business.  Your attorney may only represent one of those groups. More on this below

Also, as we get claims processed many claims may be rejected by counsel even where there are significant losses. You may already have received such a notice and so this would apply to you.  This e-mail explains some options.

Checklist for your BP Claims:

___ Is your attorney handling all of your cases (for example your personal as well as business claim; do you have businesses or personal claims that have been rejected in whole or in part; see the end of this letter for more info)
Please make a list of what claims you feel you have: Personal:___________    Corporate:___________
___ Do you need to opt out (deadline 11/1/12-extended from 10/1/12
___ Do you know if your claim fits within the settlement, if not do you know what to do

___ Do you have your confirmation letter stating that you are represented?

___ Have you received an estimate of the value of your claim?

___ Do you have a letter, from counsel, rejecting my claim?


The attachments cover these issues:
___ Opt out letter-you must sign any petition, your attorney cannot do this for you
___ How to handle a non-conforming claim-why you may pursue your claim even if it doesn’t fit within the settlement
___ Have you delivered what your counsel needs?

___ Signed Opt Out petition before 11/1/12

Getting Started with your BP claim

___ Have you received and read due Opt Out letter?

DEADLINES:  It is URGENT at this time, IF YOU ARE UNCERTAIN AS TO ANY OF YOUR CLAIMS (CORPORATE/PERSONAL), THAT YOU ARRANGE TO OPT OUT.  Likewise, if you are satisfied with each of your claims, you would not opt out.

IF YOUR CLAIMS ARE ALL EXEMPTED: While your case may be exempted automatically, you may still want to file a short form joinder and opt out just in case you have non-exempt claims.  We strongly recommend you opt out unless you are satisfied with the offer you have on non-exempt claims AND you are certain your other claims are exempt.

As we get claims processed many claims may be rejected by counsel even where there are significant losses based on the limits of the current formula.  You may already have received such a notice.  If so, please make sure you have “Opting Out.”

The most important point is that many individuals and companies have large claims but do not fit within the settlement. These companies should (based on historical precedent) be able to resolve their claims using the class action settlement as a model after they OPT OUT.

For example, say that you feel "but for" the failure to have the 12% increase in 2011 your ZONE D business would have a claim. If you can show sales were affected by the spill by showing customers affected by the spill canceled contracts, a decrease in expected sales based on previous years, etc then likely you can "opt out" and attempt to settle.   There are many methods of handling "proof of causation". The parties know this.

The point of the class action settlement is to: (1) Define a class of people and get them paid and (2) get rid of liability to everyone else in the class. In this way it helps many plaintiffs and also helps the defendant. It is not intended to be for everyone and hence the simplicity of the "opt out" process.

DEADLINE: The deadline is 11/1/12 (subject to extensions which are not expected) so we need to send this information to everyone and if you want to discuss what is in this e-mail you may call.

REJECTION: If your BP settlement claim is rejected in whole or in part, If you have not yet filed a claim, if you do not believe you qualify under the settlement, one remedy is to "opt out" of the settlement. 

UNCERTAINTY:  If you do not know if you qualify by the middle of October you may want to opt out before the deadline, to protect your claim. 

INADEQUACY: This also applies if the remedy provided is so inadequate you feel you need to pursue your claim outside of the settlement to be fairly compensated. 

Note that the settlement is very likely the best result you can get and even if you opt out, we would probably use the settlement as a “model” to determine fair compensation.

Opting out only takes a few minutes and requires YOU sign and mail a short one page form before 11/1/12. I recommend you do this with counsel even though it is simple. If you have counsel, you should copy any submissions to your attorney.

If you represent a corporation, it is treated separately.   Both you and any corporation(s) (if both desire) need to determine if you need to opt out separately, that is with separate petitions/notices.

DO NOT send in any opt out form where you know you qualify under the settlement for part of your claim where you wish to participate in that part. There are exceptions that apply where part of your claim is specifically excluded from the settlement (see our website) and you can find more at: http://www.deepwaterhorizoneconomicsettlement.com/index.php.

OTHER QUESTIONS FOR THOSE WHO MAY HAVE UNEXAMINED CLAIMS

            I am already represented by an attorney are there any questions I need to ask?

Yes - Make sure your firm is representing your personal claim as well as your business claim. Many firms are not handling individual cases.  Make sure your firm knows about each potential claim that you have. Make sure your firm has determined whether you need to opt out or not.

What do I do if my attorney is not representing my personal claim?

First, ask if they are handling that type of claim. If so, make sure they take yours. If they are not nor do not want your personal claim then come see us or another attorney who will handle personal claims.

What do I do if I have claims my attorney is not aware of?

Make sure they become aware of it and are going to represent you in it. If they are not or do not want your other claims then come see us or another attorney who will handle your other claims.

What do I do if my attorney does not yet know if I need to opt out or not?

Make sure to keep track of the deadline of 11/1/12 and make sure your attorney "opts out" for you in advance of that date if they do not determine otherwise since there is a short period of time to "opt in".

**Call if you have questions.  If you do not know yet whether part of your claim is rejected, you may wish to opt out as to your claim and attempt to opt in within the "opt in" period which has an 11/5/12 deadline subject to extension.

**We want to help as many people as possible, but we may or may not be able to help people who opt out since any determination must be made on a case by case basis.

Filing a BP Claim Check List: "Even if you were denied" (tm)
1. Go to www.gmfpc.com or call or e-mail for a form

2. Fill out the “A Guide to Oil Slick Litigation” form

3. E-mail or fax the form to our office

                                                4. Call to make a short initial appointment

Gregory Friedlander & Associates, P.C.
11 S. Florida St.
Mobile, Ala. 36606-1934
(251)4700303
fax: 888.441.2123
isee3@aol.com
www.gmfpc.com
alternate e-mail: frzmn1@gmail.com
for court-use only: greg@gmfpc.com
(760)569-6000//575859# conference number
skype:frzmn1