If a judge finds that the spill was a result of gross negligence, the fines can rise to $4,300 a barrel. Gross negligence has been defined as highly reckless disregard.
The civil fines would be on top of any criminal fines. BP also owes economic damages, which are capped at $75 million. The company has said it will pay all "legitimate" economic claims it receives even if they exceed the cap."