My Spill Claim Calculator
What is the MySpillClaim Causation Calculator?
The Deepwater HorizonClass Action Settlement Agreement includes rules to determine whether a claimant’s losses were caused by the Oil Spill. Instead of requiring documentary proof of loss (such as customer letters), the Settlement Agreement analyzes each claimant’s pre-spill monthly gross revenue between May 2007 and December 2009 (the “Benchmark Period), compares the Benchmark Period to monthly gross revenue between May and December 2010 (the “Loss Period”), and finally compares the Loss Period to monthly gross revenue between May and December 2011 (the “Upturn Period”). A claimant who can show an aggregate decline of 8.5% (Zone B and C) or 15% (Zone D) in total revenues over a period of three consecutive months in the Loss Period as compared to the same months in the Benchmark Period satisfies the downturn step of the test. Next, a claimant who can show an aggregate increase of 5% (Zone B and C) or 10% (Zone D) over the same period of three consecutive months in 2011 compared to 2010 satisfies the upturn step of the test.
Per the Settlement Agreement, this V-Shaped Revenue Pattern establishes that all of the claimant’s losses were caused by the Oil Spill. The theory behind the V-Shaped Revenue Pattern is that a claimant who can show both a downturn and an upturn was impacted by the Oil Spill. This relates to BP’s position that the Oil Spill impacted the Gulf States between May 2010 and December 2010. The theory is that a claimant who didn’t suffer a downturn and upturn either wasn’t impacted by the Oil Spill, or was impacted by other factors.
The Settlement Agreement includes other causation tests besides the V-Shaped Revenue Pattern. Claimants who do not meet the V-Shaped Revenue Pattern may still qualify for compensation, and should contact a qualified attorney and CPA firm to see if they meet the other causation tests included in the Settlement Agreement.
Please note that the Fifth Circuit’s December 2, 2013, Decision did not terminate, alter, or reverse the V-Shaped Revenue Test. The Settlement is still in full force and effect, and the Settlement Program is still processing claims (including claims where the claimant qualified through the V-Shaped Revenue Test). We strongly encourage you to expedite filing our Deepwater Horizon claim to protect your legal rights.
Have more questions? Please visit our Frequently Asked Questions page.