Oil Spill Attorneys
If oil is spilled at your home or business, don’t assume those at fault will clean up their mess.
New York Oil Spill Claim Lawyer
If your New York property has been damaged by an oil spill, you have the right to seek compensation for damages which includes environmental cleanup costs and essentially all other costs you incur as a result of the oil spill or discharge of oil which is covered under New York Navigation Law Our firm has successfully litigated these matters, and Jeffrey Sunshine, Esq. has had extensive experience litigating these matters since the early 1990s. His name appears as lead counsel on landmark cases, including a 2022 verdict where the trial court and Appellate Division 2nd. The Department determined that legal fees are recoverable against the discharger of oil in a navigation law case.
Most Insurance Companies Will Not Cover Oil Spills – but You Still May Have a Case Against the Oil Company!
Understanding Oil Spill Claims in New York
Oil is a toxic substance that is a known carcinogen that could have devastating effects on your health, and your property. Oil is what’s known as a volatile organic compound (VOC) which contains the element benzene which is injurious to human health.
In New York, oil spill claims are governed by New York’s Navigation Law, which provides a legal framework for holding responsible parties accountable for the damages caused.
Under the Navigation Law, the discharger of oil or the party who delivers oil to your home or business is strictly liable for all damages associated with the spill. This includes the cleanup or remediation of the spill site and all indirect and direct damages resulting from the spill. Many landowners are unfamiliar with their rights after an oil spill occurs on their premises. Oil is a toxic substance that can have devastating effects on your home and property. The Navigation Law protects your rights and will provide compensation for the damages you sustain.
Types of Oil Spill Damages Covered
The Oil Companies Are Responsible for Damages Including:
The Full Cleanup of The Spill
Alternative and Additional Living Expenses
(if the home is uninhabitable due to odor, etc.)
Damage to Personal Property
(fabrics, sheets, clothing, children’s toys, etc.) due to volatile organic compounds (VOC)
Damage to Your Home and Property
Compensation for All Direct and Indirect Damages, Including Attorney’s Fees
Steps to Take After an Oil Spill
If you have experienced an oil spill on your property, it is crucial to take immediate action to mitigate the damage and begin the process of seeking compensation. Here are some essential steps to follow:
Immediate Actions:
If the oil discharger is taking responsibility for the oil spill, meaning that the oil company that caused the spill is following regulations put in place and followed by the New York State Department of Environmental Conservation [DEC], you’re still not out of the woods and could be in jeopardy for your health and financial well-being.
Documentation and Evidence Collection:
If the oil discharges when your property is in an indoor space and not outdoors, you should consider the property unsafe to occupy until an air sample conducted by a qualified lab is conducted to determine if it is safe. The New York State Health Department publishes guidelines of safe limits of volatile organic compounds were essentially oil fumes.
When a spill occurs, the DEC should be contacted immediately by the discharger or the property owner to report the spill. An oil discharge might avoid contacting the DEC and will tell the homeowner that the spill does not meet the criteria because the spill is less than the threshold amount to report to the DEC. Let us help you get a fair assessment.
Bear in mind, that most oil spills are underreported, and if in fact it is determined that the oil spill was less than the threshold amount this could always be addressed later. Remember, the DEC is a New York State agency with the authority of protecting the environment and with that in mind they offer the same protections to the property owner.
In certain instances but not all, they will advise the property owner whether the health department is necessary but since their interest is in the environment and not necessarily the property owner, it is a good idea to contact the health department directly. You have additional rights as the property owner.
Reporting the Spill:
It goes without saying that documentation of the oil spill is essential. This includes taking photographs and videos immediately and preserving them for future use. It is important to take as much information from the parties that are on site for the oil spill and document everything including your expenses. Things you might not even consider initially – like dining out because your kitchen smelled of oil – might be reimbursed later if you have proof of the expense.
It is just as important to contact an attorney trained in this area of law as soon as possible as the clock is essentially ticking and certain important decisions need to be made on an expedited basis that the average property owner will not be able to do in an informed manner without help.
How We Will Help You
At Sunshine, Isaacson & Hecht, LLP, we have extensive experience in handling oil spill claims under New York’s Navigation Law. Our Oil Spill Claim Attorneys are well-versed in prosecuting these claims, providing comprehensive legal representation to property owners.
Representing Property Owners
For property owners affected by oil spills, we offer dedicated legal support to help you recover the compensation you deserve. Our services include:
Initial Consultation:
We assist you and gather all of the necessary information in order to support all of the damages you sustained as a result of the oil spill.
Claim Preparation:
We gather all necessary evidence, documentation, and testimony to build a strong case.
Negotiation:
We negotiate with the responsible parties that caused the oil spill. In some cases, these companies are not oil companies but other commercial vendors that are liable under the oil spill law. Our firm will make sure that The responsible parties fairly compensates you for your loss.
Litigation:
Many of our cases are resolved before trial once we establish That the oil spill is covered under the navigation law. However, some cases require trial and we will prosecute this case to verdict to bring you the best possible result.
Legal Process and Timeline
The legal process for filing an oil spill claim involves several steps and can vary in duration based on the complexity of the case. Here’s an overview of the typical process:
1. Initial Consultation:
We conduct a detailed review of your case to understand the extent of the damage and determine the best legal approach.
2. Investigation and Evidence Collection:
Our team gathers all relevant support for your claim including photographs, reports, testimonies, and financial records.
3. Filing the Claim:
We prepare and file the necessary legal documents to initiate the claim process.
4. Negotiation:
We engage in negotiations with the responsible parties and their insurers to reach a fair settlement.
5. Litigation (if needed):
If a settlement cannot be reached, we proceed to litigation, representing you in court to seek a favorable verdict.
The legal process for filing an oil spill claim involves several steps and can vary in duration based on the complexity of the case. Here’s an overview of the typical process:
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Why Choose Sunshine, Isaacson & Hecht, LLP
Extensive Experience
Our attorneys have a deep understanding of New York’s Navigation Law and extensive experience in handling oil spill claims.
Proven Track Record
We have a history of successfully representing clients in both prosecuting and defending oil spill claims.
Client-Focused Approach
We prioritize our clients' needs and work diligently to achieve the best possible outcomes.
Comprehensive Services
From initial consultation to litigation, we provide end-to-end legal support.
Schedule a Consultation with Our Experienced New York Attorneys
Schedule a Consultation with Our New York Oil Spill Attorneys
If your property has been affected by an oil spill, don’t hesitate to seek legal assistance. At Sunshine, Isaacson & Hecht, LLP, our experienced Oil Spill Claim Lawyers are here to help you navigate the complexities of oil spill claims and secure the compensation you deserve.
Simple & Effective Process
Your Path to Legal Assistance: 3 Steps to Begin
Step 1:
Schedule a Consultation
Get a free consultation & speak with one of our attorneys ASAP!
Step 2:
Preparation
Our attorneys plan and work with you to prepare your case.
Step 3:
Fight for Justice
We fight to get you the best possible outcome!
Grateful for trust!
What Our Clients Says...
Whoever said Money Can't Buy Happiness has never paid for a Divorce! Jason Isaacson has represented me vigorously and diligently in my hotly contested divorce. This was a litigated matter and was resolved in a tad over one year. That is really quick for any litigation, let alone a matrimonial matter that was fought on every issue. Not only was he aggressive in moving this case forward, we WON every time we went to Court! I got exclusive use and occupancy of my home! I got my car back that my ex-wife stole. I got back all the money I invested into my marital home. I have also referred many clients to Jason for matrimonial, child support and contested divorce and he wins for them too! Every client I have referred has been very happy. For my clients who are lovers and not fighters, I refer the to Jason Isaacson for mediation. As difficult as divorce is, I am the happiest I have been in my life and appreciate everything Jason has done ❤️
FAQ
What Are the Long-Term Environmental Impacts of An Oil Spill?
Oil spills can cause widespread damage to ecosystems, harming wildlife, contaminating water sources, and degrading soil quality. The effects can last for years if not properly addressed.
Are There Any Time Limits for Filing a Lawsuit Related to Oil Spill Damages?
Yes, there are time limits, also known as statutes of limitations, for filing a lawsuit. These vary by location and case specifics, so consulting with an attorney promptly is crucial.
What is the Process for Filing a Lawsuit Against the Responsible Parties of An Oil Spill?
The process generally involves gathering evidence, identifying responsible parties, assessing damages, and filing a claim. Our experienced attorneys will guide you through every step and advocate on your behalf.
How Long Do I Have to File a Claim After an Oil Spill Occurs?
The timeframe depends on state laws and the nature of the claim. It’s important to act quickly to protect your rights and maximize your chances of recovery.
Can Property Owners Recover Damages for Reduced Property Value Due to An Oil Spill?
Yes, property owners may be eligible to recover damages for loss in property value, cleanup costs, and other related losses caused by an oil spill.
How Experienced Are SIH Attorneys in Handling Oil Spill Litigation Cases?
At Sunshine Isaacson & Hecht, LLP, we have extensive experience representing individuals and businesses in oil spill cases. Our attorneys are dedicated to pursuing accountability and achieving results for our clients.
What Should I Do Immediately After Discovering Oil Spill Damage on My Property?
Document the damage, report the spill to the appropriate authorities, and contact an experienced attorney at SIH to explore your legal options and next steps.
How Much Does It Cost to Hire an Oil Spill Attorney at SIH Attorneys?
We offer tailored legal services designed to meet the unique needs of each client. Costs vary by case, and we are committed to providing transparent and fair pricing. Contact us for a consultation to discuss your specific situation.
Absolutely thrilled with the exceptional service I received at SIH. From start to finish, they guided me through a complex legal issue with professionalism and care. Highly recommend to anyone in need of expert legal assistance!