BP Oil Spill Funds

Basic Information for the Business Owner

What business owners are eligible to receive funds?

We have spoken to numerous business owners/clients who had no idea that their business was eligible to bring a claim, and many of those have been found to be entitled to substantial funds in the BP oil spill settlement. Almost any business located anywhere in Louisiana, Mississippi and other coastal areas can be eligible. Please read more on this below.

For a business, what is this lawsuit and settlement about?

In March, 2012 BP tentatively agreed to settle the BP oil spill claims brought by numerous oil spill lawyers in New Orleans and other areas. One part of the settlement is for economic loss claims by businesses, whether operating individually or as an entity. After the spill there was a lessened amount of money flowing through many parts of the local economy. This settlement will provide money to many businesses that may have been affected by the spill (at least theoretically, under a complex series of formulas). Contrary to certain news reports, the amount of the settlement for eligible businesses is unlimited. In our experience, business claims can be worth significant sums of money. The amount your business may be entitled to is based this complex series of formulas applied to your business, and you may be eligible even if you did not sustain a drop in income immediately after the BP oil spill.

Do I have to prove that the BP oil spill caused my business a loss in revenue?

You do not need to prove that the spill caused your loss in revenue. Revenue patterns and the application of formulas alone may suffice as proof. For example, you may be eligible simply if your revenues for the 6th, 7th and 8th months after the spill were lower by a certain percentage, depending on the zone your business is in, compared to similar months in a certain year or years that we select going back to 2007. The settlement documents, which are lengthy and complex, give us and our experts much flexibility to determine what months and years of revenues to use to make a claim viable and payable. We work through this complex series of formulas and calculations with a sophisticated team of experts, including a forensic accountant and a statistician/mathematician, with whom we have worked closely for years.

What if I already brought a claim for BP oil spill damages?

Even if you have previously filed a claim in the previous BP oil spill fund (known as the Gulf Coast Claims Facility, or "GCCF"), you still are entitled to make a claim under this new settlement facility, and this applies even if you received emergency and/or interim payments from BP or the GCC F (as long as you did not sign a "Release and Covenant Not to Sue" for your GCCF business claim). If your claim is pending and unresolved, your claim and all documents related to it will be transferred to the new settlement program.

Why should I hire your firm to handle my BP oil spill business claim?

We are a small firm with highly personal service and skilled lawyers. Your case will not be shifted around to other lawyers in or out of the firm. Our partners have been prosecuting claims for money damages for 35 years each. We formed our firm together 33 years ago and since then have become used to taking on complex cases against large firms and businesses. The core practice of our firm, our mission, since 1979, has been to convert a mere "claim" into full and fair monetary compensation for our clients.

We have worked closely with expert economists, loss assessment experts and forensic accountants regularly during the past 35 years. The high quality of the services provided by our firm is evidenced by the AV Preeminent Rating (the highest rating by other lawyers for professional excellence in legal ability and ethical standards) received by each of the firm's partners in the Martindale-Hubbell Law Directory.

We have developed a strong reputation in our practice of prosecuting monetary claims, often complex, to the point of recovery of monetary awards. We leave no stone un-turned , and we only get paid if and when we collect. Due to our long-standing reputation of collecting full and fair compensation for our clients, a major portion of our clientele for over 30 years has come from lawyer referrals and client referrals. We are not a "high volume shop." We do not advertise on television. Our partners will be handling your claims.

We are representing, as BP oil spill lawyers, numerous businesses of all types (such as contractors, subcontractors, professional service businesses and clinics, suppliers, dealers, real estate companies, real estate holding companies, restaurants, attorneys and many others). We have a great deal of experience in finance, business analysis, business ownership and business investment. We have a deep understanding of business financial statements and the application of those statements to this settlement process. Further, although the settlement provides for many other types of claims (such as seafood compensation, loss of subsistence, vessel claims, wetlands claims, etc.) we are devoting all of our experience and know-how in the BP oil spill process solely to business economic damage claims. We are not handling the many other types of BP oil spill claims, as we have chosen to focus only on business economic damage claims. We feel that this gives us greater experience, focus, insight and expertise in handling a complex claim for your business.


Lewis and Caplan, APLC, Attorneys
(504) 486-7766
Robert Caplan Pete Lewis

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