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Mississippi River Oil Spill Damage Claims

Jul 25, 2008

Mississippi River Oil Spill Damage Claims

Mississippi River Oil Spill 

The lawyers and attorneys at our firm are offering free consultations to anyone who sustained damages from the Mississippi River oil spill of July 2008.   The Oil Pollution Act of 1990 (OPA) created a comprehensive prevention, response, liability, and compensation regime to deal with vessel- and facility-caused oil pollution to U.S. navigable waters. The Mississippi River oil spill lawyers at our firm have represented hundreds of people negatively impacted by such incidents, and our knowledge of OPA liability provisions and other applicable laws has allowed us to obtain the greatest possible compensation for our clients.

Title I of OPA established new and higher liability limits for oil spills, and it made substantial changes to financial responsibility requirements. It significantly broadened the scope of damages, including natural resource damages,  for which polluters are liable. It also authorized the Oil Spill Liability Trust Fund (OSLTF) up to $1 billion to pay for expeditious oil removal and uncompensated damages.   Our Mississippi River oil spill lawyers will make sure that those responsible compensate our clients to the fullest extent the law allows.

Under federal law, all of the owners or other parties responsible for a vessel or a facility which causes an oil spill are liable for the removal costs and damages caused by the spill. Federal law also provides for liability of third parties if it is shown that the an act or omission on the part of the third party caused an oil spill. 

Removal costs include those incurred by an individual for acts taken by the person which are consistent with the National Contingency Plan, as well as those incurred by the United States, a State or an Indian Tribe.  Claims for removal costs can be submitted by clean-up contractors, called Oil Spill Recovery Organizations,  federal, state, and local government entities, and anyone who helped clean up the spill.  Removal claims do not include the cost of cleaning up your own property.

Under federal law, individuals can make the following oil spill damage claims:

• Property Damage:  Injury to or economic loss resulting from destruction of real property (land or buildings) or other personal property.  Property damage claims can be made by people or entities who own or lease the damaged property.  The costs of removing oil from your own property can also be included in property damage claims. Boat damage is included as a subset of property damage.

·         Loss of Profit and Earnings Capacity:  Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of property or natural resources.  Anyone with loss of profits or income may make such a claim. You do not have to own the damaged property or resources to submit a claim under this category.

·         Loss of Subsistence Use of Natural Resources:  These claims may be filed by individuals if natural resources you depend on for subsistence use purposes have been injured, destroyed, or lost by an oil spill incident.  Again, you do not have to own or manage the natural resource to submit a claim under this category.

Other damages covered by federal law include:

·         National Resource Damage:  These claims may only be filed by specially designated natural resource trustees. 

·         Loss of Government Revenue:  These claims  may only be filed by state and local government entities.

·         Increased Public Service Costs: These claims may only be filed by state and local governments.

Legal Help for Mississippi River Oil Spill Claims

Individuals who suffered damages from the Mississippi River oil spill need to obtain legal counsel with experience in the area of oil spill liability as soon as possible.   The Mississippi River oil spill lawyers at our firm have helped hundreds of  oil spill victims, and we will work hard to make sure that your rights under the OPA and other federal laws are protected.  Please fill out our online form or call 1-800 LAW INFO (1-800-529-4636) to discuss your case with an experienced Mississippi River oil spill lawyer.