Wednesday, February 22, 2012

Florida Oil Spill Business Interruption Claims

July 28, 2010 by · 105 Comments 

Oil Spill Hurting BusinessesAs the crisis from the BP oil spill grows, small businesses along the Gulf Coast are losing millions of dollars in revenue. Fisherman, hotels, restaurants and shops have been affected throughout the region. Meanwhile, BP has established a $20 billion claims fund in order to compensate those who have been affected. If you have suffered a loss of business as a result of the BP oil spill, then you may be eligible for compensation. To recover damages you may need to file a business interruption claim.

What is a business interruption claim?

A business interruption claim will cover losses sustained to the business property as a result of the occurrence of an insured event. It may also cover indirect losses, which are sustained as a result of suspended operations. This coverage is meant to compensate business owners as though no interruption has occurred. It will cover business income, or net income before business taxes, that is shown to have been lost.

Recovering a Loss of Earnings

To recover a loss of earnings as a result of the BP oil spill, you must show that gross earnings, or business income, would have been realized during the period of interruption. A business that is running at a loss may also submit a business interruption claim because it may still have been impacted in the form of continuing expenses. A business that is not in operation, but is under construction, may file a claim from the date that operations should have begun.

If you need to recover for a loss of earnings as a result of the BP oil spill, a Florida BP oil spill lawyer can help you file a business interruption claim.

What specifically does a business interruption claim cover?

A business interruption claim may recover for losses that are a result of, but not limited to:

Contingent Business Interruption – This refers to losses suffered from damaged property that:

  • Prevents a critical supplier from getting goods or services to you; and/or
  • Prevents customers from accepting your goods or services.

Services Interruption – This refers to losses suffered because of the interruption of any utilities or services, including electrical equipment and systems, fuel, water, gas, sewage, communications, heating, refrigeration, and utility plants.

Interruption by Civil or Military Authority – This refers to losses suffered as the result of the restriction of access to your property by order or action of a civil or military authority. For instance, if the U.S. Coast Guard shuts down beaches that your business generally depends on, then you may recover damages in a business interruption claim.

Interruption of Ingress/Egress – This refers to losses suffered when damages impair the entry to or exit from your property.

If any of these circumstances have affected your business, then you may be able to recover for damages in a business interruption claim. To find out if your business losses are covered, you can get the expert advice of a Florida BP oil spill lawyer.

How can a Florida BP oil spill lawyer help?

While BP has established a $20 billion claims fund to compensate victims of the spill, and vowed to expedite their payments, there are still going to be a lot of complications to the damage claims process. If you want to recover money for damages that were experienced by your Florida business, you will have to:

  • Prove that your business has been affected by the BP oil spill;
  • Show proof of previous earnings or losses, by submitting documents and statements; and
  • Prove what revenue or expenses were lost as a result of the BP oil spill.

A Florida BP oil spill lawyer can help you submit your claim, and negotiate the compensation that your Florida business deserves. If you are denied compensation, a Florida BP oil spill lawyer can pursue your damages in an insurance claims lawsuit.

The BP oil spill attorneys at Falk & Falk Law Firm know how important it is to you and your family to get the settlement you need in order to move on with your lives. Contact us today – 1-877-663-5110.

Photo by lsgcp

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