Panama City, FLThose who have suffered economic damage as a result of the BP oil spill in the Gulf of Mexico may be able to file a lawsuit against the companies responsible. Wes Pittman, attorney at The Pittman Firm, P.A., says many people have been affected by the oil pollution, and there are things they can do to increase their chances of success in a lawsuit.
The first group of people who can file a lawsuit are those who suffered property damage as a result of the oil spill. This includes people who live directly on the coast and suffered property damage, people who live inland but have suffered a decrease in property value because of the loss of use of the beaches and people who rent homes or condos along the Gulf of Mexico.
"People should ask if they have damage now or will likely have damage in the future. If the answer to any of these is yes, then they should get help from reputable people who have knowledge of negligence law, personal injury, medical malpractice or product liability"
Another group that could file lawsuits includes those whose income depends on the tourist industry.
"Restaurants, hotels, motels and dive shops are all affected by this," says Pittman. "Then, there's the charter fishing industry. Part of the charter fishing industry is not tourist-related, but most of it is based on tourism. The owners of these boats have been told they can't go out in the water; if they come back with oil on the hulls, they have to be decontaminated before they come in to the marinas and the harbors."
A third group that could file lawsuits includes the fishermen who have been banned from fishing along the Florida coast. "These fishermen go out 50 to 80 miles, looking for red snapper," Pittman explains. "Now, they have to go close to 200 miles to fish. They have to send boats down towards South America or through the Florida Keys. It's costing them in fuel and extra time on the boats."
There are also those who might not have expected economic losses from the oil spill but are still affected by it. Pittman says he received a phone call from a man who publishes a water sports magazine in Florida. Advertisers are canceling their advertisements because they do not want to spend money marketing products that might not be used, and the publisher is concerned about losing his business. He may have a claim linked to the oil spill, says Pittman.
There are a few steps people should take to ensure their claim is successful. The first is to document all losses and expenses related to the oil spill. This means taking pictures of any oil that washes ashore onto property, photographing property damage, and documenting economic losses and expenditures linked to the oil spill on a daily, weekly and monthly basis. Documentation should begin immediately.
Potential plaintiffs must also follow recommendations to lessen the damages. If authorities recommend that property owners take certain steps to lessen their damage, property owners are expected to make reasonable attempts to follow those instructions. Failure to do so could lessen the success of a lawsuit.
Beyond that, Pittman has some concerns about legal representation for potential plaintiffs.
"I have a fear that the public will be deprived of good representation because of the frenzy of activity by some lawyers who, on the surface at least, appear to be terribly underqualified to handle these negligence cases," Pittman says. "I've seen it in my local area. Suddenly, divorce lawyers and criminal defense lawyers are offering services for the oil spill as though they have knowledge of negligence law. They've gone from divorce and criminal law to negligence law in two weeks and it worries me for the public.
"There has to be a thoughtful approach to the damage to property and business. People should ask if they have damage now or will likely have damage in the future. If the answer to any of these is yes, then they should get help from reputable people who have knowledge of negligence law, personal injury, medical malpractice or product liability. These types of attorneys handle negligence matters—including oil spills—day in and day out."
Wes Pittman specializes in negligence law and has helped clients win recoveries in multimillion dollar amounts in complex product liability and negligence cases worldwide. He was called to the bar in 1976, has litigated since, and has been a national mentor and educator of other attorneys engaged in liability law. He is the founder of the firm that bears his name, The Pittman Firm, P.A.
If you have suffered losses in this case, please send your complaint to a lawyer who will review your possible [BP Oil Spill Lawsuit] at no cost or obligation.