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Mississippi Oil Spill Claims, PLLC Brian Montague Dustin Thomas Douglas “Monte” Tynes, Jr.

Mississippi Oil Spill Claims, PLLC Brian Montague Dustin Thomas Douglas “Monte” Tynes, Jr. . Economic Loss Zones. Economic Damage Categories. Businesses Self Employed Individuals Failed Businesses Start-Up Businesses Failed Start-Up Businesses Multi-Facility Businesses. Excluded Claims .

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Mississippi Oil Spill Claims, PLLC Brian Montague Dustin Thomas Douglas “Monte” Tynes, Jr.

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  1. Mississippi Oil Spill Claims, PLLCBrian MontagueDustin ThomasDouglas “Monte” Tynes, Jr. .

  2. Economic Loss Zones

  3. Economic Damage Categories • Businesses • Self Employed Individuals • Failed Businesses • Start-Up Businesses • Failed Start-Up Businesses • Multi-Facility Businesses

  4. Excluded Claims • Opt-Outs • Financial Institutes • Funds, Financial Vehicles, and Trusts • Gaming Businesses • Insurance Entities • Certain Companies in the Oil and Gas Industry • Defenses Contractors (business at least 50% or more comes from defense contracts) • Real Estate Developers • Any entity selling or marketing BP Branded fuel • Government Claims • Executed a release with the GCCF

  5. What businesses do have claims • Any business that is not excluded from the settlement • Any business within the economic zones outlined in the settlement • Any business must meet the causation requirement of the zone which it is in • Almost every business in Mississippi has a claim • The only way to determine if you have a claim is to have your financial records reviewed by someone who is very familiar with the settlement

  6. Causation Requirements Waived for the following business • All business in Zone A causation is presumed • Tourism in Zones A and B Causation is presumed • All primary seafood industry businesses in all Zones • All secondary seafood industry businesses in Zones A, B, and C causation is presumed • Charter fishing businesses in Zones A, B, and C causation is presumed

  7. Causation Tests V-Test Modified V – Test Gross Revenue Decline for a minimum of 3 consecutive months from the benchmark period to the 2010 Compensation period (Zone C > 5%; Zone D > 10% decline in gross receipts) Gross Revenue Incline for the same three months in Plus additional items • Gross Revenue Decline for a minimum of 3 consecutive months from the benchmark period to the 2010 Compensation period (Zone C > 8.5%; Zone D > 15% decline in gross receipts) • Gross Revenue Incline for the same three months in 2011 (Zone C > 5%; Zone D >10%) Decline Only Test • Gross Revenue Decline for a minimum of 3 consecutive months from the benchmark period to the 2010 Compensation Period (Zone C > 8.5%; Zone D > 15% and other factors including factors outside the claimaints control

  8. What is the Benchmark Period • The pre-spill years chosen by the claimant as the business historical in all the compensation and causation • Claimant can select either 2009, the average of 2008 and 2009, or the average of 2007, 2008, and 2009 as the benchmark period

  9. Compensation Amount • Compensation amount is broken down into 2 calculations which are referred to as “steps” in the settlement • Step 1 Compensation is determined based on the lost gross income of the claimant for the months April through December of 2010. • Step 2 Compensation is the loss of growth in the claimant’s business and is calculated using the growth in the chosen benchmark period first four months of the year • Once Step 1 and Step 2 calculations are done, they are added together and then a multiplier is added which is determined by the industry of the claimants business to determine the Compensation amount

  10. Claims Administrator • The Deepwater Horizon Settlement appointed Patrick Juneau as the Settlement administrator • BP paid Patrick Juneau $9.3 billion • Claims are submitted to the settlement administrator which reviews the claims submitted and if it is determined are payable, then the administrator makes an offer to the claimant • The Claimant has the opportunity to accept the offer or ask for reconsideration. If, after reconsidering the claim, the claimant still isn’t satisfied, then the claimant has the right to appeal the award to a panel appointed by Judge Barbier • If the Claimant accepts the offer, BP has between 10 and 20 days to appeal the award, depending on the amount of the award to the appeals panel

  11. What can Mississippi Oil Spill Claims, PLLC do for you • We have filed numerous claims of every type under the settlement in every Zone and recovered millions of dollars already • We have represented people and businesses from all over Mississippi, as far north as Batesville • We have represented people and businesses in Florida, Alabama and Louisiana also • We work with numerous accountants to make sure our claim amounts are correct • We are experienced in the appeals process • We are local attorneys that handle the claims in house without associating counsel for the handling and filing of your claims

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