Not even close. How do you think judges and juries decide on an award amount, if the defendant is found liable? I'll tell you: they do it by breaking down the liability piece by piece, and analyzing the merits of the claims. This happens routinely in cases, where the plaintiff sues for all sorts of damages, and the judge strikes some of them and awards less than the original claim, while still finding in favor of the plaintiff.PLAYER57832 wrote:Wrong. In this type of claim, they are one and the same. Lost wages is not a seperate issue, it is central to the damages caused these fishermen and many others who work in the industry's tangents.
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You are getting hung up on the terms and ignoring the reality of what these payments represent. This is NOT unemployement compensation. Unemployment compensation is an insurance program (essentially) run by states. When you work for a wage, you pay into a fund that, in turn, is then available to pay you a portion of your previous earned wages. It is insurance and the unemployment compensation is the insurance payout. So, yes, when you get a new job, it ends.
THIS, by contrast is nothing to do with insurance (except, perhaps from BP's liability end). In fact, fishermen, being mostly independent businessfolkd don't pay into the state unemployment claims.
You are correct that normally ANY payout would have to go through a jury. In this case, because BP is admitting guilt, because the situation is so dire and because, the potential for increased damage is so great were some monies not paid upfront, BP is not waiting for the judgement. They are putting forward a small percentage of what they will owe (no doubt with a fair amount of pressure from goverments), but specifically designating it for unemployment losses, to keep things simple. In essence, BP has said "OK, we know we are going to owe this part without a question and we can pretty well assess at least a good part of what the claim will entail, so we are going to go ahead and agree to pay this portion in advance of the judgement".
That they call it "unemployment payment" or whatever is irrelevant. It IS part of the liability claim
In this case, there are only two major parts to the claim. One is the pain & suffering/punitive damages part. There will be debate about how much pain and suffering was really caused to the plaintiffs, and how badly BP deserves to be punished. Whatever amount is decided, will be decided across the board and split equally among the many plaintiffs.
The second part is lost wages, which will be taken on a case-by-case basis. The judge in this case will not allow for this part of the claim to be paid to those who cannot prove that they were not earning a living during the claimed period. This is the legal precedent of over 200 years, and it's not going to change now. So, the overall payout will vary person to person depending upon how much, if any, of this second claim is honored.
And, as you continually repeat, we all know that unemployment is a state-run insurance program. The reason that I'm even mentioning a lawsuit is precisely because these fishermen are not covered by this program. Guess what, if they were, any lost wages claim would be thrown out of court because the wages had been replaced. This is the first check in a long procedure to determine whether to honor lost-wage claims.
The fact that you are on a personal crusade to make BP pay as much as possible is irrelevant to this discussion. The fact is, that legal precedent through the history of this country is that suits are broken down into their various components, one of which is lost wages. And lost wages claims are not upheld when the plaintiff has other employment. Period.

