Pain and suffering is as legitimate a claim as loss of income.

[LeftyFingerPop]

Many people of the Gulf have been under considerable duress for some 62 days now as a result of BP's actions. This has resulted in fear and incredible stress which almost certainly will have a considerable and permanent effect on these individuals and families.

Anyone who has an otherwise "legitimate claim" should also be able to claim damages for this suffering, and they should not have to wait for decades until this is processed by the courts to be paid for this.

BP should provide an initial payment for pain and suffering, and then pay a reasonable amount incrementally as long as the gusher continues.

This payment should not preclude any additional payments, in a larger amount, to be paid later through the court system.

[niyad]

1. well, a civilized company would see that, but, after all, we ARE talking bp

and a civilized judiciary would NOT side with such a corrupt company. .

[LeftyFingerPop]

2. Mr. Obama should address this with BP. n/t

[patrice]

3. People think OTHER people are just supposed to cram down their emotions, but that physical

energy MUST go somewhere. There are consequences and they are longlasting and they are NOT good.

[LeftyFingerPop]

4. Agreed. I wonder how many cases of PTSD will come from this? n/t

[pitohui]

7. people who have previously had a stress disorder are most at risk

someone who has had, say, natural disaster related PTSD is more likely to experience a recurrence, and of course a great many people have suffered from katrina related PTSD etc.

a big problem w. pain & suffering is that you have to jump thru hoops, if you don't actually see a shrink and take the pills then the jury is not usually impressed by yr claims of "pain & suffering," but do you want to see a shrink and take a bunch of pills that affect yr brain, decrease yr sex drive, and make you fat because of somebody else's accident?

it's much easier to document loss of income but pain & suffering is hard to document w.out putting yourself into the mental health system, and that in itself could be extremely destructive to some people

i don't know what the answer is

a blanket "pain & suffering" pay-out to all who are currently suffering from anxiety symptoms sounds OK to me, better that people who need it get help than not get help, but "pain & suffering" is a difficult thing to prove while keeping medicines out of your body -- for some people going after the pain & suffering pay-out might cause more harm than good

i really don't know what to suggest

i have terrible anxiety & nightmares but i don't see how to put a $ price on that or how giving me $ will help, i'd rather my share if any go to the wildlife restoration and those made jobless, at least it would be doing something visible

[LeftyFingerPop]

9. Here is what I think...

I think that a case can be made for "inherent" pain and suffering to anyone who is impacted financially by this disaster. There will be many people who do not seek the services of a mental health professional, but that does not mean that the suffering is not there.

You do not have to fall into major depression or PTSD to have considerable suffering. I think that the fear of financial ruin, along with the loss of the only lifestyle that you have ever known, makes it apparent that pain and suffering exists. Something *other* than a mere financial loss exists.

It is not good enough for BP to make the people of the Gulf "whole" again. In other words, they need to do better than that. They need to be reimbursed for more than can ever be shown on a balance sheet.

[pitohui]

19. well that sounds reasonable to me EOM

,

[Swamp Rat]

5. !!!!!

[LeftyFingerPop]

6. How are you holding up Swamp Rat?

You have an entire country that is sharing your anger. I hope you are doing OK under the circumstances.

[Swamp Rat]

12. about as well as a blown-out oil well

I haven't slept for two months, and I feel like breaking things... I'll bite my tongue now.

[theoldman]

8. I seriously doubt that any money will be paid for pain and suffering.

People will be lucky to get paid for actual loss of income. Remember the old wisdom; You can sue all you want, collecting is the difficult part.

[LeftyFingerPop]

11. We have a unique situation here where...

Mr. Obama was able to negotiate an initial $20b from BP. They know that their very survival as a company is at stake here.

He should negotiate the parameters of a "legitimate claim".

[DatManFromNawlins]

10. Pain and suffering...

... is only a legitimate claim if there are costs associated with rehabilitation and counseling.

What you'll instead see are a bunch of brand new Ford F-150s to F-350s rolling around Plaquemines Parish.

[LeftyFingerPop]

13. Well, then we should call it something else then...

because these people deserve much more than can be shown on a financial statement. I'm not talking about a legal definition of pain and suffering here, but rather, I am talking about a moral obligation.

[NM_hemilover]

14. I have Broussard blood in New Iberia,

but live in NM, can I get one of those F250's ? Except make mine a Dodge,....Mopar or no car and all...........

[pitohui]

21. well yah and the so-called FEMA boobs

some people actually used insurance or FEMA money to get plastic surgery after katrina, to be honest, for some people, a 42D (the size of the FEMA chest in question i met the other day, long story i'll spare you) or a ford F-150 would be a lot more therapeutic than sitting around in a circle in some stupid support group yapping abt how miserable you are

[lpbk2713]

15. Many of these families have been living off the Gulf for generations.

It's not just the loss of an income for them it's the shattering of a way of life.

BP and Big Oil must pay for thier reckless and uncontrolled greed.

[bunny planet]

16. 'loss of use' and 'loss of enjoyment' are terms that apply to people's homes

on the Gulf because of BP's negligence and criminal behavior.

[LeftyFingerPop]

17. OK...that's what I'm getting at...thank you...

I'm not a lawyer...obviously. :D

[WeDidIt]

18. I can pretty much guarantee the $20 billion will only be for realized damages

Pain and suffering will almost assuredly be something that will have to be pursued in court.

Which is probably a big portion of why they agreed to the fund since a lot of people will get the money they are losing and see no need to pursue it further in court.

[LeftyFingerPop]

20. If it was me...

I'd be looking to suck every last dime out of them.

[elleng]

26. As it should be, imo.

[Child_Of_Isis]

22. Then we all are owed, because we all have suffered.

I am in Ohio...and truthfully, I have suffered over this. While I would never take money from the people of the gulf, if mental anguish is justification (and I believe it should be) for a claim, then BP owes the folks of DU a bunch of it.

[LeftyFingerPop]

24. Well, I hear you...

but I think the people directly and financially impacted should be receiving a "bone" or a "little something extra" if you will.

[Angry Dragon]

23. All Americans have a claim of pain and suffering

As I read through the bp posts I often read threads from people that do not live near the Gulf. I hear and feel their words that they can not bear to look at anymore pictures, hear of anymore lies coming from bp. We are the government of the United States of America so we as citizens have the right to file class action suits against bp, even if the elected government decides not to.

The very best that we can hope for is that bp is destroyed if they refuse to honor their obligation to fix what they did in the Ecocide that they have brought to the Gulf, the destruction of families, the destruction of land, any destruction that they have brought upon all citizens of this country. Everyone in this country will be affected in one way or another. It has to be understood that we all, the masses, have to band together and fight this corporation so we can put a stop to the destruction of this country by all corporations that feel this country is their personal bank. Until this stops nothing will change and we will all suffer for the rape of this country.

[LeftyFingerPop]

25. I have no doubt that BP will be destroyed...

as they should be. They should not be allowed to continue after this. They will either get bought out (with much of management removed), or they will go bankrupt (with much of management removed). Either way, they will not survive in their present form.

[kelly1mm]

27. And in either case claims for actual damages let alone pain and suffering

will not be fully compensated. That is what I don't understand about all the "boycott BP" "kill BP" threads. Don't we want them to remain a viable company able to generate profits so those profits can be used over the next 20 or so years for damages? I for one am seeking out BP stations just for this reason.