If they're a fisherman or somebody who's livelihood is dependent on the ocean ecosystem/tourism. Or if they had property on the beach or boats or something that was damaged. Those would be very easy to prove and the lawyers would have a pretty accurate estimate of how much damage or lost income they suffered.
Right, but this absolutely destroyed the tourism industry in the Gulf, which had a ripple effect felt by those far, far from the coast.
People canceled trips to the Gulf and took their money elsewhere. The individuals or businesses in the tourism industry then had less money to spend at other area businesses, who then had less money to spend, and so on and so forth.
The same ripple effect was seen from the sea food industry as well.
So how do you really measure who has been affected by the oil spill and who was not?
Well, speaking strictly for businesses,
BP agreed during the negotiations that any business located within a certain distance of the coast was unquestionably harmed by the spill and entitled to compensation. They also agreed that the only way to fairly determine whether a business not directly on the coast (but located within a specified geographical boundary) was affected by the oil spill and is therefore eligible to file a claim for business economic losses, was to look at the revenue of that business before the oil spill, during the year in which the oil spill occurred, and during the year following the oil spill. If a pattern can be discerned from the revenue (a dip from 2007/2008/2009 to 2010 and a recovery in 2011) then the business is eligible to file a claim. That's it.
Now, the settlement excludes businesses in certain industries, but other than that as long as your business was located within a specified geographical area and had its revenue fit this pattern, your business is eligible for compensation.
BP negotiated this settlement agreement, including the causation elements that I set out above. Is this a bad deal? From BP's perspective, it certainly is, especially when you consider that many businesses who were probably unaffected by the oil spill were trending on a decline during this time period as a result of the overall performance of the economy. Maybe BP was gambling that the general economic circumstances of the nation prior to the oil spill in 2010 would cause a large percentage of business to be unable to demonstrate the required dip in their 2010 revenues. Nobody outside of BP knows what they were thinking. However, the settlement agreement is what it was negotiated to be, and BP has to live with it.