Insurance Dispute Lawyer Blog

Drinking and driving is a problematic issue, one which has been aggressively confronted in order to prohibit repeat offenders from getting back on the road. On August 15, 2010, House Bill by Republican representative from LaPlace, Nickie Monica, went into effect and will cause substantial changes for second time DWI offenders in the state of Louisiana. This bill is specifically directed at repeat offenders for drinking and driving or vehicular negligent injury.

Previously, a second time offender would still drive legally if they obtain permission from the Department of Motor Vehicles, who would grant an offender upon being petitioned, a restricted license (also known as a hardship license). This type of license allows the offender to drive a vehicle only to certain destinations, such as work, school, a medical emergency, or church. The Louisiana Department of Motor Vehicles declares such a license as a "means to earn a livelihood or to maintain the necessities of life." However, the restricted license requires the individual to have an ignition Interlock device installed into the vehicle they will be driving. The ignition interlock device is connected to the vehicle's ignition, and once the person blows into a tube which screens for the presence of alcohol, the car may or may not turn on depending on the result. This device has been criticized because the offender may have another person who has not been drinking breathe into the tube, thus, allowing the vehicle to start, despite the fact that the offender may have been drinking. Thus, drinking and driving has continued to plague the state of Louisiana.

Furthermore, Louisiana in 2008 had the 11th highest drunken driving fatalities in the nation, with over 912 people killed due to drinking and driving. It was this type of statistic that motivated Representative Monica to propose the repeat offender bill in order to initiate change. Specifically, the new bill will not allow the repeat offender to obtain a restricted license for at least 45 days. This time period will be known as a "hard suspension" that cannot be waived or shortened for any repeat DWI offender. But that is not the only significant change with House Bill 1274, if an offender has three or more convictions there will be a three year suspension upon the persons license. Moreover, unlike a second time offender who has to wait 45 days to petition for a restricted license, a three or more time offender has to wait 12 months before they can petition for such license and have the ignition interlock device installed. The new bill will institute stronger oversight and rigid time requirements in order to crack down on repeat offenders ability to get back on the road so soon after multiple convictions.

Additionally, offenders of drinking and driving accidents face multiple liabilities including negligent vehicular manslaughter and drinking and driving, as well as driving under the influence citations. However, the state, a state agency, or a political subdivision of the state may not be held liable for any person who operates a motor vehicle, an aircraft, water craft, or vessel who was operating it with a blood alcohol concentration of 0.08 percent or more. (La. R.S. 9:2798.4). Further, it is interesting that the offender may owe damages, including those recoverable in a wrongful death action (personal injury, death, or loss) if they are found to be twenty-five percent negligent as a result of being intoxicated, or if the person is found to be in excess of twenty-five percent if under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V. Thus, when an eighteen year old bartender attempted to hold her employer liable for allowing her to consume alcohol on the business' property, the court held that the owner had immunity from liability since the underage woman's fault exceeded the twenty-five percent as a result of being intoxicated over the limit (Stewart v. Daiquiri Affair, Inc., 20 So. 3d 1041 (La. App. 1 Cir. 2009)). The person left with responsibility, is the one behind the wheel, and the consequences become increasingly more serious with each subsequent DWI conviction.

As a result, the new bill will prohibit repeat DWI offenders from driving on the road for extended lengths of time, regardless of whether or not they need to drive to obtain the "means to earn a livelihood or to maintain the necessities of life." Whether or not this is an actual deterrent for recidivist, time has yet to tell. However, the two time offender will have to halt driving for 45 days, while the three time offender will have their license suspended for three years. These time requirements are in addition to the fines and/or jail time that may be imposed. The House Bill's goal is to act as a deterrent to state residents, that if they choose to continually jeopardize themselves and others on the roadways, they will have to pay the price, both in time and in money.

Drunk drivers put many lives at risk when they get behind the wheel. Injuries that result from an individual driving drunk carry with them a high burden of culpability and responsibility in future litigation. Liability, as a result, is highly slanted against that driver.

Boating and Personal Watercraft provide thrills and excitement for Louisiana residents and visitors every summer. As much fun as it can be, there is danger involved as well. For that reason, the Louisiana Department of Wildlife and Fisheries has provided rules for personal watercraft (PWC) operators that can help people stay safe.

PWC Rules
1. Each person riding a PWC must wear a U.S. Coast Guard approved Tyep I, II, III, or V life jacket (this includes anyone towed behind a PWC).
2. If the PWC has a lanyard-type ignition safety switch, the lanyard must be attached to the operator's person.
3. A PWC may not be operated between sunset and sunrise.
4. It is illegal for PWC operators to: weave through congested waterways, jump the wake of another vessel when visibility is obstructed, operate in a manner that involves swerving to avoid collision.
5. It is illegal to operate a PWC if you are under the age of 16.
6. You may not chase, harass, or disturb wildlife with a PWC.
7. PWC's should not be operated around fishermen, anchored boats, or swimmers.
8. You may not allow anyone else to operate a PWC in a way that violates Louisiana law.
9. PWC operators towing a person on water skis or any similar device must also obey these rules.
10. If a PWC is towing a skier and another person is onboard, the PWC must be rated for at least three people.
11. A vessel towing someone must have at least two competent persons on board-one to operate the vessel, and one to observe. If the vessel has a wide-angle convex rearview mirror at least 7 x 14 inches, the operator may observe the person being towed.
12. You may not tow someone from one hour before sunset to one hour before sunrise.
13. The operator of a towing vessel and skier must keep a reasonable distance from other vessels and people, and property must be maintained so as to not endanger others.

If followed, these rules can also help to prove or disprove liability in the event of an accident. For example, if you are in an accident and injured on a PWC operated by someone else, you could bring a lawsuit against them and recover damages to pay for medical expenses and pain and suffering (among other damages) if you can prove they acted negligently and the negligence led to your injury.

Proving negligence requires proving that someone's behavior fell below the acceptable standard of care in a given situation. It someone has adhered to the Rules described above, it will be more difficult to prove that their behavior fell below the appropriate standard of care. Conversely, if the rules were not followed precisely, a good attorney would use each rule violation as evidence of negligent behavior. A successful lawyer will have knowledge of not only the law, but administrative rules like these as well.

Rules regarding the use of a watercraft can also be important in the insurance claims process of the owner. For this reason it is similarly important to utilize a lawyer that can help you receive the financial compensation you feel entitled to.

If you are a Gulf Coast resident looking for more information on how to make an oil spill claim against BP, please visit our blog dedicated to this topic.

http://www.bpoilspilllawyersblog.com

This blog contains a wealth of information on how to make a damages claim, whether you own a business or have simply been financially harmed by this ecological disaster.

The Associated Press is now reporting President Obama and British Petroleum have come to an agreement regarding the establishment of a fund to help pay off claims. This fund is expected to be over $20 billion and will be tied to the claims process that has already begun in the Gulf Coast area. Meeting for some four hours, BP officials set aside an additional $100 million for the families of the 11 sailors who died in the explosion.

The news comes as welcome to an area that has been besought by financial difficulties as a result of the various closures caused by the BP oil spill. The Press reports

The claims system sets up a formal process to be run by a specialist with a proven record. Instead of vague promises by BP, there will be a White House-blessed structure with substantial money and the pledge that more will be provided if needed. The news was applauded in the Gulf -- a rare positive development in a terrible two-month period since the April 20 explosion that killed 11 workers and unleashed a flood of oil that has yet to be stemmed.

While the fact money has been set aside will be welcome news to many, some may fear that a lack of review may lead to problematic denials by BP. The White House, however, reports that the claims process will also include a three-member panel to review and handle claims that are refused. Further, the $20B fund will be paid into over four years by BP and the amount is not a cap.

Even though these remarks demonstrate an effort on the part of the oil giant and the government, people have raised issue with a remark made by the BP chairman that he had heard "comments sometimes that large oil companies are greedy companies or don't care, but that is not the case with BP. We care about the small people."

Justin Taffinder of New Orleans was not amused. "We're not small people. We're human beings. They're no greater than us. We don't bow down to them. We don't pray to them," Taffinder said.

While this poor choice of words is can obvious gaffe, the news of a block of money now conclusively tied to the claims process is a great step towards making the people of the Gulf Coast harmed by this disaster whole. The encouraging nature of $20B not being a "capped amount" furthers the positive sentiment due to the fact it shows a true determination that BP will be held fully responsible for any hardship caused.

More information regarding this BP oil spill claims breaking news will be provided when it becomes available.

Dozens of class action lawsuits have already been filed in the Gulf Coast region (including Louisiana, Florida and Texas) against the companies who may hold some responsibility for the oil spill disaster-BP first, followed by Transocean, Cameron, and Halliburton, among others.

BP and Transocean are dealing with wrongful death lawsuits from families of the 11 victims who died in the explosion as well as lawsuits from those injured. Survivors of individuals who have died due to the negligence of someone else can recover a multitude of damages in a wrongful death suit, such as medical expenses, burial expenses, compensation for pain and suffering and loss of consortium, and even punitive damages in some cases.

Those who have lost revenue in the aftermath of the blast such as fisherman, restaurants, charter boat companies, even homeowners could also bring class action suits. Even municipalities may sue for lost tax revenue. In addition, shipping companies could sue if traffic along the Mississippi river gets disrupted. The trail of liability these companies will most likely face is long and complex because the effects of the disaster are far reaching and anyone adversely affected may be entitled to compensation from those deemed responsible.

Cleanup itself creates new liability issues because the chemicals used to try to disperse the oil are dangerous to the fisherman who are trying to help. If these volunteers are injured the companies may face additional personal injury lawsuits in the future.

It is not unusual for an oil spill like this one to create a huge legal mess. Following the Exxon Valdez spill in 1989, there were 17 categories of lawsuits filed against Exxon, with each representing thousands of aggrieved parties who ended up collecting $507 million in compensation plus the same amount in punitive damages. This oil spill could have even greater legal implications since the population of the Gulf Coast is 10 to 20 times greater than the population of the Alaskan coast with a maritime economy that is much bigger.

Some questions exist as to how much BP, as the major player involved, will be forced to pay for the economic repurcussions of the spill. The Oil Pollution Act (OPA) caps some of BP's liabilities at $75 million. This number is so low that some Democrats in Congress have proposed retroactively raising the cap to $10 billion. According to analysts, the actual liability will lie somewhere in between, possibly around $3 billion, a fraction of the estimated cleanup cost of up to $20 billion. Following the Exxon Valdez spill, cases trying to collect higher punitive damages were argued for years, going as high as the Supreme Court only to be unsuccessful. In the end, maritime law proved to be fairly stingy in providing for costs beyond hard financial damages. With this legal precedent set, it will be an uphill battle for plaintiffs to collect more in an effort to be made whole this time around. However, given the far reaching economic implications of the spill and increased number of people affected, anything is possible.

In any event, BP will probably not even pay all of the damages awarded. While BP has pledged to pay for the cost of cleanup and legitimate damage claims they will most likely try to offset their cost by going after the other companies involved in the construction and operation of the Deepwater Horizon rig. This can be accomplished through contribution lawsuits, which are claims brought by a defendant (like BP) to a lawsuit for money damages owed to a plaintiff. Typically one defendant will sue other defendants or third parties and claim that they are required to "contribute" to help pay the cost of damages owed to the plaintiff.

To navigate these complexities, a qualified attorney is necessary. With so many different defendants and a wide variety of legal recourses available for both side to utilize, legal representation will be key to the financial awards people receive. Further, the wide variety of plaintiff classes and issues will make it important each individual looking to make a claim is represented properly. With damages that some people might not even be aware they can claim, hiring a lawyer capable of making the best case for you is an important choice to be very careful with. Doing so not only ensures no claims are missed but also that adequate provisions like venue, class and statute of limitations are followed.

Having taught Continuing Legal Education (CLE) seminars on a variety of topics including Chinese drywall and, soon, oil leak litigation, lead attorney Jeffrey Berniard has been a relied upon expert on matters relating to claims and the wide variety of problems and delays claimants, and their attorneys, often face in such processes. Interviewed for his expertise relating to the recent Deepwater Horizon oil leak, Berniard highlighted a little considered problem that commercial workman like fisherman and others who make a living in the Gulf might face. Given that the nature of their job involves extensive self-reporting and tax analysis, the flexibilities or evasions of tax income that those who work off the coast might have carried out might significantly limit their ability to collect damages. If that is the case, careful legal analysis and work by an experienced attorney may be the difference between thousands of dollars in compensation.

While talking to New Orleans City Business (articles available to subscribers only), Berniard was asked about the difficulties some might face in collecting damages caused by the oil spill

“It’s the same issues we dealt with after Katrina in terms of (Small Business Administration) loans,” he said.

In the event of Katrina, insurance companies and loan groups often asked for proof of earnings that small business owners struggled to provide. In those instances, the owners were forced to either accept little to no assistance or hire an attorney that would be able to get them the money they needed. Using a variety of processes including getting records from employers, customers, average yields of similar fisherman, etc., hiring the right attorney can mean a world of difference.

Because bigger businesses can often afford to have a professional tackle their taxes year in and out, this problem will likely be dealt with by small business owners who work in a cash-heavy industry. Berniard also noted that "eligibility for damages claims typically requires paperwork from the Internal Revenue Service to prove yearly earnings." This is another area where larger businesses with complex filing systems will come out of the claims process easier than those businesses who might not be able to afford the proper storage or formatting required to keep complex and lengthy paper trails for the sake of proving earnings. Without proper representation, this may lead to small businesses closing shop merely because they had kept their buying and selling on a cash basis.

Oil Spill Pollution Act claims will be a prominent issue as Gulf Coast workers struggle to make ends meet during restrictions in fishing because of the miles upon miles of floating crude oil. While these problems with income proof will likely not be an issue for most of the small businesses in the area, years of delays from storm damage have shown that the claims process will likely be a difficult one. Local individuals wishing to pursue a claim for lost wages or damage to their property are advised to keep close records of business before and after the spill as well as to begin collecting as much financial data as possible from previous years. While an attorney like Mr. Berniard could be able to achieve results without such records, the more assistance you can provide to an attorney helping manage your claim the more likely the claims process will move forward successfully. By being prepared with extensive records in the event of any sort of audit or claims investigation that can come from their claim, local victims may successfully prove their claim.

Our firm will be releasing more information on how to file an oil loss claim. Feel free to bookmark our site and check in often for more news and helpful directions as they become available. If you feel you have a claim to make, contact our offices and an attorney will help advise you on your rights in this matter.

Terrebonne Parish has announced that BP has opened an additional claims office within the parish. Located at 5703 Highway 56 in Chauvin, the office is slated to take claims between 7 a.m. and 7 p.m. any days of the week.

There is an availability of funds under the Oil Pollution Act (OPA) and the Oil Spill Liability Trust Fund (OSLTF) for Louisiana residents who have suffered property damage because of the crude oil washing ashore. Oil damage to boats is treated differently from other forms of personal property damage under the guidelines of the OPA. As required by the Oil Pollution Act of 1990, certain information must be provided to the responsible party to submit an oil spill loss claim. Just one example includes a provision that boat captains from Plaquemines, Jefferson, St. Bernard and Terrebonne Parish will need to present the following information to BP and other responsible parties will filing their oil spill claims.

The U.S. Coast Guard's National Pollution Funds Center website details that a boat's owner can submit claims relating to the removal of oil stains from the vessel (interior furnishings upholstery and carpeting included) so that the vessel may be restored to its condition before the oil damage. Claims may also be filed for the damage done to a boat's motor, rudder, anchor winch and other mechanical parts of the vessel harmed by oil.

In general, all claimants, regardless of what losses they are claiming, are required to provide the following;

1. Photo Identification 2. Tax Returns from 2007- 2009- However claims representatives have indicated they will take fewer years. 3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.

Louisiana boat captains will also need to provide the following for an oil loss

1. Log Books with cancellation information 2. Contact information for clients who cancelled trips 3. A list of continuing expenses

Boat captains will undoubtedly be affected for years to come by the negligent parties associated with this oil spill. Once a claim determination is made, a claimant must either accept or reject the offer within 60 days. If the offer is accepted, a release must be signed. If no action is taken within 60 days, the offer to pay the oil spill claim will be voided and the claim is closed. If the boat captain decides to reject the offer this can start an entirely new review process. Another claim determination will be made as a result of the reconsideration and the final determination on the matter becomes final. The claims adjusters do not consider the reconsideration process to be a negotiation.

The problem with this process is that, once a release is signed, boat captains potentially will not be able to make claims for losses incurred over the next few years for their oil spill claim losses. If a boat captain decides to sign a release in the next few months and the oil spill causes his business to fall next year surely the responsible parties will deny his claim by asserting the release caused all claims to be settled at the time it was signed. For this reason alone it is important that individuals have a legal expert inspect the claim and make sure that their rights are protected for years to come.

The Berniard Law Firm is currently handling oil spill claims for boat captains and is advising against signing any and all releases that will cap damages at only this years losses. If you want to speak with a lawyer today about your oil spill claim as a boat captain call 1-866-574-8005 for a free consultation.

Deckhands are just one of the many affected employment groups that are facing hardship as a result of the BP oil leak. The Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et. seq.) is the law that established the Oil Spill Liability Trust Fund and covers incidences such as the current Gulf of Mexico Oil Spill. Deckhands from Lafourche, Jefferson, St. Bernard, and Plaquemines Parish and all of the effected areas should take note of the following information which will be required when presented an oil spill claim to the responsible parties.

First, every claimant, no matter their employment category, needs to provide the following to the claims center:

1. Photo Identification 2. Tax Returns from 2007- 2009- However claims representatives have indicated they will take fewer years. 3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.

In addition to the above referenced items that are required for all claims a deckhand will also need to have

1. The vessel name on which they were employed. 2. The vessel registration 3. Captain's name and phone number- to verify they are employed on the vessel.

After an individual has submitted this information, the claims department will process the documentation in the order that it was received. The oil spill loss claim will be reviewed by a claims adjuster to see that all the information is included. If additional information for verification of the oil spill claim loss is required the adjuster will request that such information be forwarded to them. If the adjuster does not receive the requested information 90 days, the adjuster will complete his decision on the claim with the information in hand. It is possible that the adjuster could deny the claim on the basis of lack of information.

By being thorough and providing as much information as possible, claimants may be able to better their chances to receive a solid response. It is important, however, that any possible financial settlement or compensation in response to a claim that a deckhand receives be reviewed by an attorney in order to preserve future rights to damages. It's quite possible that all settlements offered by BP will come with a requirement that all future claims be limited or prevented outright. As no one knows how long this oil spill will be an issue, to sign away rights to future claims is dangerous and ill advised.

If you need assistance with your oil spill claim the Berniard Law Firm's attorneys are happy to represent you in these matters. Our firm is actively and aggressively pursuing claims against the responsible parties for deckhands as well as all other claimants who need assistance. Call the Berniard Law Firm today at 1-866-574-8005 to discuss your legal rights in pursuing your oil spill claims against BP or any of the responsible parties.

Before filing a claim, individuals looking for relief due to oil leak damages (both to their property and for lost wages) must call 1-800-440-0858. After reporting their claim to that number and following the directions therein, individuals may then go to a Oil-Spill Claim Center for assistance in receiving compensation. For those looking to make an oil spill claim against BP for the April 20th explosion of the Deepwater Horizon, here is the contact and filing locales in Jefferson Parish:

Grand Isle Community Center, 3811 Louisiana 1, Grand Isle

Jean Lafitte Town Hall, 2607 Jean Lafitte Blvd., Jean Lafitte

2766 Belle Chasse Highway, south of Gretna between Terry Parkway and Behrman Highway.

For those in St. Bernard Parish, the Deepwater Claims Center is located at 1345 Bayou Road, St Bernard at the Rosa Ducros Tennant Museum. Open 8 am - 8 pm.

Those affected in Plaquemines Parish (Venice, etc.) may go to the Claims Center located at 41093 Highway 23, Boothville, LA 70038. Open 9 am – 5 pm daily.

The St. Tammany Parish/Slidell claims office opened to the public at 7 a.m. Monday for helping in the filing of claims relating to the Deepwater Horizon explosion and the resulting oil spill. The center is located at 2040 Gause Blvd. Suite 10, of I-10.

For those with Small Businesses wishing to speak with representatives of the Small Business Administration regarding their options under the SBA's Economic Injury Disaster Loan program can visit the following locales' Business Recovery Center

Jefferson Parish

LSBDC Greater New Orleans Region UNO Jefferson Center 3330 N. Causeway, Suite 422 Metairie, LA 70002 Monday to Friday, 8:30 am-5 pm

Grand Isle Community Center Rotary Room 3811 Highway 1 Grand Isle, LA 70358 Monday to Friday, 8 am - 5 pm

Lafourche Parish
South Lafourche Public Library 16241 East Main Street Cut Off, LA 70345 Mondays through Fridays, 9 am - 6 pm

Orleans Parish
Vietnamese Initiatives in Economic Training 4655 Michoud Boulevard, #D6, 1st Floor New Orleans, LA 70129 Monday to Friday, 8 am-5 pm

Plaquemines Parish
St. Patrick's Church Family Life Center 28698 Highway 23 Port Sulphur, LA 70083 Monday to Friday, 9 am - 5 pm

Venice Boat Harbor Office Tiger Pass Road Venice, LA 70091 Mondays through Fridays, 9 am - 6 pm

SEEDCO Financial Southeast Louisiana Fisheries Assistance Center 212 Avenue G (near Belle Chasse Ferry) Belle Chasse, LA 70037 Monday to Friday, 9 am - 5 pm

St. Bernard Parish
Gulf Coast Bank & Trust Company 1801 East Judge Perez Drive Chalmette, LA 70043 Monday to Friday, 9 am - 4 pm

7801 Hopedale Highway (near the Breton Sound Dock & Marina) Hopedale, LA 70085 Monday to Friday, 9 am - 6 pm

St. Tammany Parish
1330 Bayou Lane Trailer 102 Corner of Pennsylvania Avenue and Bayou Lane Slidell, LA 70460 Mondays through Fridays, 8 am - 5 pm

Again, individuals interested in making a claim must call 1-800-440-0858 before visiting a claims center. For more information on your legal rights in this matter, feel free to contact our offices today.

In the wake of the BP oil spill that has sent the Gulf Coast into a state of panic, a variety of individuals that derive their livelihood from waterways that may soon be immersed in crude are becoming concerned with how they will continue to stay afloat financially. There is, however, a means in which claims may be made to compensate those who have been affected by the disaster. Oil Spill Losses must be made within three years after the date on which the damage and its connection with the spill was reasonably discoverable with the exercise of due care. This may seem to be an easy process but great care must be taken when submitting the claim in order to prevent a dismissal based solely upon it being improperly filed.

The process for making a claim has a list of requirements that, when completed, will profile the harms faced and damages incurred. Basically, for the owner of Commercial Fishermen operations in Terrebonne, St. Bernard, Jefferson, Lafourche and Plaquemines Parish, once they are aware of their losses they must present their claims to the responsible parties within three years of that time. In this case, fishermen must submit their claim to BP as owners of the Deepwater Horizon oil rig.

Certain information is required for all claimants with oil spill losses. Such basic requirements for all oil spill claims are

1. Photo Identification
2. Tax Returns from 2007-2009- However claims representatives have indicated they will take fewer years.
3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.

Also, all commercial fishermen will be required to furnish the following information to present an oil spill claim:

1. The name of the boat
2. The license number of the boat
3. The state of registration
4. The commercial fishing license
5. the commercial gear number, and
6. The Vendor's sale receipts.

There is no required format for oil spill claims. The requirements merely stipulate that the claim has to be made in writing. By being as precise and accurate as possible with your claim, the claimant can make the process easier on themselves as well as standing out for the care they took in providing their proof, etc. Utilizing all possible tools to provide claims processors ease in their efforts will provide claimants the best possible opportunity to receive what they are looking for.

The Berniard Law Firm will be providing sample claims for the various effected parties in future blog posts to help all parties effected by this matter. Please stay tuned to this blog to receive further information regarding the OPA claims handling process.

On Friday afternoon, Jeffrey P. Berniard of the New Orleans-based Berniard Law Firm, LLC, conducted an on-deck inspection of the 263-foot cargo ship, Damon Bankston, which is leased by BP. The ship was used to return some of the rescued crewmembers of the Deepwater Horizon oil rig to BP's Fourchon Dock Facility after the rig exploded and sank into the Gulf. Seventeen rig workers were injured in the explosion, and eleven workers remain missing and are presumed dead. Mr. Berniard participated in the viewing because he represents numerous plaintiffs who have been affected by the incident. The inspection occurred prior to the ship being cleaned and returned to service in support of ongoing efforts to contain the oil spill. The catastrophe has resulted in the release of more than 200,000 gallons of oil into the Gulf each day since April 20.

Mr. Berniard is well known in the Louisiana legal community as an expert in personal injury cases and suits against negligent companies. With knowledge regarding the Oil Pollution Act (OPA), a federal law passed in 1990 in response to the Exxon Valdez oil spill of 1989, his legal representation would help advance anyone affected by the incident. The OPA, though little known to many general-practice attorneys, will play a critically important role in the litigation over the Deepwater Horizon disaster. Assigning liability will be particularly challenging given that numerous companies such as BP, Transocean Ltd., Cameron International Corp., and Halliburton Energy Services were involved in the drilling project. In recognition of his expertise and trial experience, Mr. Berniard has been invited to deliver a Continuing Legal Education seminar on the OPA and legal matters regarding this incident to area attorneys in the coming months.

Additionally, Mr. Berniard is highly regarded for his skills in complex litigation, including class-actions. He is noted for his efforts to help Louisiana families impacted by defective Chinese Drywall, and in 2009 gave a lecture on the topic at a Continuing Legal Education seminar in New Orleans. Also, following Hurricane Katrina, Mr. Berniard recovered over $45 million in uncompensated damages for his clients.

If you suffered any damages related to the Deepwater Horizon incident, or in the coming days incur oil removal expenses, you may be entitled to receive compensation from the Oil Spill Liability Trust Fund or to obtain other monetary relief. Put the disaster litigation experience of the Berniard Law Firm to work for you by calling 504-527-6225 or 1-866-574-8005.