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: A Georgia LawyerGeorgia and Oil Spill Claims, June 24, 2010
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Mitigation
When making a claim under the Oil Pollution Act, there is no required format for OSLTF claims. You must, however, support your claim with evidence, information, and documentation.
The Coast Guard considers that each claimant has a responsibility to make reasonable efforts to mitigate?that is, to avoid or minimize?the losses from an oil spill incident. Additional expenses related to avoiding or minimizing losses by a claimant can be included in the claim as additional expenses. The claimed amount of a direct loss will be adjusted for extra expenses and/or income related to avoidance/minimization efforts.
Know that you can make a claim for Property Damage. This means damages for injury to, or economic losses resulting from destruction of property.
You Must Provide Information Showing:
Your ownership or leasehold interest in the property
That property was injured or destroyed
Value of property both before and after injury
Cost of repair or replacement of the property
If you lost money, show:
The property was not usable because of the oil spill
The value of your property before and after the spill
Don't expect this list to change much when the $20 B fund is set up by August.
Full post as published by A Georgia Lawyer on June 25, 2010 (boomark / email).
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