After years of struggle, Camp Lejeune’s contaminated water victims will finally be able to claim their due thanks to the Camp Lejeune Justice Act. Are you ready to search for justice by filing a settlement against the US federal government? Do you want to know about the settlement amounts of the Camp Lejeune lawsuit? Then this article from Legal Help Advisor is for you.
Background
The ATSDR estimates that thousands of people were victims of exposure to contaminated water at Camp Lejeune. This means that people of different ages and conditions suffered serious damage and even irreparable death. In addition, they had to face medical costs to improve their health, also affecting their financial situation.
To make matters worse, the state of North Carolina (the only one of all the states in the country) had a statute of repose, which prohibited the victims from initiating legal actions and claiming economic compensation ten years after the contamination.
However, the Camp Lejeune Justice Act arrived in 2022 to give families hope and the right to file a lawsuit against the US Federal Government for negligence.
In this way, those people who lived in Camp Lejeune between 1953 and 1987 and later developed an illness related to the consumption of VOCs found in Camp Lejeune’s drinking water can start the legal process in search of justice.
What is the amount earmarked for victim payments?
The Congressional Budget Office (CBO) estimates that the Camp Lejeune settlement payments will cost about $6.1 billion. However, it is planned to be increased due to the number of cases filed shortly after the law’s promulgation (currently more than 15,000 lawsuits, and it is expected to increase). Therefore, according to the CBO, these payments will cost another $15 thousand million after 2031.
So that would leave about $21 billion for Camp Lejeune jury payments and settlement compensation.
However, this is not a fund set aside for Camp Lejeune but rather an estimated settlement amount from the government’s perspective.
Camp Lejeune settlement amounts
Camp Lejeune settlement amounts will be tailored to the injuries sustained by the victims. That is to say, not all plaintiffs will receive the same payment, as the settlement compensation for Camp Lejeune injuries will be based on the extent of the victim’s injuries. Also, another determining factor is the ability of your attorney to link the injuries or death to the toxic water. Therefore, the best way to approach this information is by contacting a lawyer who can evaluate the case and see its potential.
How long does it take to resolve the lawsuit and achieve the financial agreement?
Before thinking about the deadlines, it is important to define the steps to follow for a claim to prosper:
- Contact a lawyer: this step is very important since only a lawyer with experience and knowledge can guide you throughout the process. Furthermore, the damage suffered by contaminated water is already traumatic enough so that victims must also pursue a lawsuit by themselves.
- Presentation of the administrative claim: once the lawyer is able to collect the necessary information (evidence that he lived in Camp Lejeune between 1953 and 1987 and the diagnosis of a disease related to the consumption of contaminated water), you must file the administrative claim with the appropriate federal agency, in this case, the Department of Navy. Then, the agency has a maximum term of 6 months to accept or reject the claim.
- Civil Complaint: depending on the resolution of the administrative claim, you must file the civil complaint in the US District Court for the Eastern District of North Carolina. That is the mandatory place for all Camp Lejeune demands.
- Discovery process: This is the process in civil lawsuits where each side gets to know the facts and obtain documents or evidence from the other party. Discovery typically involves statements from the plaintiff and key witnesses and requests for documents.
- Waiting for the Government Settlement Offer: The type of injury will be the main factor in determining how much a Camp Lejeune case is worth and at what settlement level the case could end up.
Who applies to start a lawsuit?
As we said, the CLJA enables any person who has lived on the base between 1953 and 1987 for more than 30 days to file a lawsuit against the federal government. So it is very important to be able to prove it with documents or witnesses.
The excluding requirement is also to have a diagnosis of cancer or any disease that is related to the consumption of contaminated water, the toxins found in the drinking water of Camp Lejeune (TCE, PCE, Benzene, or vinyl chloride).
What is the difference between the Camp Lejeune Justice Act and VA disability benefits?
The differences mainly have to do with range and diseases. That is, disability benefits only apply to veterans, reservists, and guards. Instead, the Act applies to anyone who has lived at Camp Lejeune, including veterans, family members, outside workers, etc.
The law does not determine individual diseases, but anyone who can find the link between contaminated water and the diagnosis of their disease can sue. On the contrary, VA benefits apply to those diagnosed with at least one of the following eight diseases:
- Adult leukemia
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
- Kidney cancer
- Liver cancer
- Multiple myeloma
- Non-Hodgkin lymphoma
- Parkinson’s disease
Both Camp Lejeune Justice Act and VA benefits agree on the period that the victims had to live on the base (between 1953 and 1987).
CONGRESS.GOV – H.R.2192 – Camp Lejeune Justice Act of 2021
https://www.congress.gov/bill/117th-congress/house-bill/2192
Sources
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY (ATSDR) – Camp Lejeune, North Carolina
https://www.atsdr.cdc.gov/sites/lejeune/
US DEPARTMENT OF VETERANS AFFAIRS – Camp Lejeune water contamination health issues
https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/
CONGRESSIONAL BUDGET OFFICE – Cost estimate
https://www.cbo.gov/system/files/2022-02/HR3967_RCP.pdf