Are You Entitled to Compensation Related to an Oil Spill?
Posted on: 22 September 2016
Recently a group of Indonesian seaweed farmers brought a lawsuit against an oil company in the Australian federal courts. If you have been affected by an oil spill, you may be wondering if you should take the oil company involved to court and if you may be eligible for compensation. Here are some of the issues you should consider:
1. Did the spill affect your livelihood?
In order to take an oil company or anyone to court for compensation, you need to have suffered financial damage. Did the oil spill affect your livelihood? For example, if you are a fisherperson and you weren't able to catch as much fish after the oil spill, you may want to consider talking with a compensation lawyer. Similarly, if an oil pump near your land broke, spilling oil onto your land and rendering your crops useless, you may also want to speak with an attorney. Did the spill reduce tourism and hurt your business indirectly? Those are the types of questions to consider.
2. Did the oil damage your personal possessions?
If the oil didn't destroy your livelihood, you still may have a case if it caused damage to your possessions. Did it wreck your boat, ruin part of your land or cause other damage? Then, you may be entitled to compensation.
3. Was someone at fault?
In order to claim compensation, you need to be able to prove that someone else was negligent. If every protocol was followed and the spill was an accident, the company may not be deemed responsible and may not have to pay you. A skilled compensation lawyer works diligently to identify who was negligent and show that negligence to the courts.
4. Do you have proof of your financial damage and its link to the spill?
Once you have established damage and negligence, you have to prove that they are connected. For example, if your fishing numbers were down because of storms or because you spent less time on the boat, the oil company's lawyers may argue that the spill did not cause your financial woes. If you are unsure whether or not you can link your damage with the oil company's negligence, you need to talk to a lawyer -- these professionals deal with these types of connections every day, and they can help you
For more tips and ideas on whether or not you should consider suing an oil company, contact a compensation lawyer.
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