The Camp Lejeune water contamination incident is one of the worst cases of water contamination in U.S. history. It is estimated that around one million military personnel, their families, and civilians who lived and worked at Camp Lejeune cooked, bathed in, and drank severely contaminated water for decades – from August of 1953 when toxins began infiltrating the water systems at the base until the government finally shut them down in 1987. The contaminated water has been linked to serious health conditions, including many cancers, birth defects, Parkinson’s disease, infertility, and kidney disease.
The impact of the Camp Lejeune water contamination is extensive; those who died or developed illnesses were military members, family members, and workers of all ages. Many stillbirths occurred, and children and adults developed cancers and other adverse health effects. In some cases, close to whole families died or became severely ill.
Moreover, while the U.S. Department of Veterans Affairs (VA) has offered some disability benefits and medical coverage for certain illnesses associated with the Camp Lejeune water contamination, the VA unfairly and erroneously denied many of those claims for years. Moreover, the law did not allow victims to seek compensation in federal court for pain and suffering and other damages – until now.
The Camp Lejeune Justice Act (CLJA), which became part of the Honoring Our PACT Act earlier this year, was signed by President Biden on August 10, 2022. It allows anyone who lived or worked at Camp Lejeune for at least 30 between August 1, 1953, and December 31, 1987, to sue the government in federal court for personal injury and wrongful death damages. As little as 30 days on the base could have led to exposure levels dangerous to the body. With around one million exposed people, the government is expected to face thousands of Camp Lejeune lawsuits.
There is a lot to learn about filing a Camp Lejeune lawsuit, including how to find the right lawyer to represent you. This comprehensive guide to Camp Lejeune water contamination lawsuits provides a brief history behind the water contamination at Camp Lejuene, explains how to file claims in federal court and with the VA, and covers tips and strategies to find the best Camp Lejeune attorney for your water contamination lawsuit. We hope you find it helpful.
If you have any questions or want to speak with a Camp Lejeune lawyer, please contact us for a free consultation. We represent clients on Camp Lejuene federal lawsuit claims, VA disability compensation claims, and medical retirement issues nationwide.
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Why Choose the National Security Law Firm to Represent You in Your Camp Lejeune Lawsuit?
How Did Camp Lejeune’s Water Become Contaminated?
What Chemicals Were Found in the Water at Camp Lejeune?
How Toxic Was the Camp Lejeune Water?
When Was the Water Contamination at Camp Lejeune Discovered?
How Did the Camp Lejeune Water Contamination Affect Veterans and Their Families?
Camp Lejeune Water Contamination Legislation History
What If I’m Not a Veteran? Can I Still Sue for My Injuries Under the CJLA?
What Types of Compensation Am I Eligible For?
How Much Is My Camp Lejeune Case Worth?
How Long Do I Have to File a Camp Lejeune Lawsuit?
What If My Loved One Is Deceased?
How Long Will My Case Take to Resolve?
How Do I File a Camp Lejeune Water Contamination Claim?
Do I Need To Hire An Attorney?
How Much Does it Cost to Hire a Lawyer for a Camp Lejeune Lawsuit?
What If I Already Received or Was Denied VA Benefits?
Am I Also Eligible For VA Disability and/or Healthcare Benefits?
Why Choose the National Security Law Firm for Your Camp Lejeune Lawsuit?
At the National Security Law Firm, the Camp Lejeune water contamination crisis hits close to home. Founding lawyer Brett O’Brien is both a veteran and a cancer survivor. While stationed in Fort Sam Houston, JBSA, Brett was exposed to military base water contaminated by harmful chemicals known as polyfluoroalkyl substances (PFAS). These chemicals were used in firefighting foam at the base to put out fires. While stationed at JBSA, the levels detected in the base’s water exceeded 797,000 parts per billion (“ppb”), while the EPA recommended that levels not exceed 10 ppb.
Unfortunately, Brett was eventually diagnosed with Hairy Cell Leukemia, a rare form of non-Hodgkin’s lymphoma, which his treating physicians have linked to the contaminated base water. Today, Brett is cancer free. Brett is a true hero, though, because he not only battled his cancer but also directly took on the United States government by filing claims for his injuries in federal court and through the Department of Veteran’s Affairs.
Regarding his legal experience, Brett’s unique combination of personal injury and military law experience is unmatched. Brett’s first position as an attorney was with Levenson Axelrod, New Jersey’s largest personal injury law firm. As a personal injury lawyer, he represented injured people in their claims against large corporations, individuals, and government agencies.
In addition, his military law experience brings several advantages to your case. Most lawyers advertising their services as Camp Lejeune lawyers are civilian personal injury lawyers who have no experience with military law. You’ve likely seen their billboards. Don’t make the mistake of hiring a civilian lawyer to represent you in your Camp Lejeune claim. In addition to having no background with military issues, civilian personal injury lawyers will not be able to assist you with other important aspects directly related to your Camp Lejeune claim, such as seeking VA disability compensation and advice and counsel regarding medical retirement due to your injuries, among other related considerations.
We challenge you to find a Camp Lejeune lawyer with Brett’s personal injury law experience and military background. An even greater challenge would be to find another lawyer with Brett’s personal experience as a Veteran, a cancer survivor, and a fellow victim of military base water contamination.
At the National Security Law Firm, our Camp Lejeune clients are not just another number. They are fellow victims. Victims of the government’s wilful disregard for the safety and well-being of the health and safety of its servicemembers and their families. These are the people that Brett fights for and is the most passionate about helping.
Nationwide Camp Lejeune Lawyers
If you have questions or want to speak with Camp Lejeune lawyer Brett O’Brien, please contact us for a free consultation. We can assist you with filing a Camp Lejeune claim in federal court, pursuing VA disability and healthcare benefits, and/or addressing medical retirement issues.
Moreover, we represent Camp Lejeune water contamination victims nationwide. With over 100 5-star reviews, you can rest assured you are in good hands.
What is Camp Lejeune?
First opened in 1942, Camp Lejeune is a United States Marine Corps base located in Jacksonville (Onslow County), North Carolina. The nearly 250 square-mile facility serves as a military training facility and is also home to thousands of Marines, their families, and civilian employees. Due to the long stretches of beach surrounding it, Camp Lejeune is an ideal training sport for water and land combat. Moreover, some of our country’s best and brightest military personnel have trained at Camp Lejeune.
How Did Camp Lejeune’s Water Become Contaminated?
Like many other military sites, Camp Lejeune has its own water supply system that serves its resident and employee population. The water is pumped from massive underground wells, then delivered into a gravity distribution system.
Between 1953 and 1987, the water treatment facilities in Camp Lejeune became contaminated with volatile organic compounds (VOCs). VOCs are substances that have high vapor pressure and low solubility in water and can cause serious health effects if they are ingested. According to the Agency for Toxic Substances and Disease Registry (ATSDR), supply wells at the base were contaminated by multiple sources, such as leaking underground storage tanks, industrial area spills, and waste disposal sites. Two of the eight water distribution systems on the base were contaminated with VOCs. These two water treatment facilities included Tarawa Terrace and Hadnot Point.
The water treatment facility at Tarawa Terrace opened operations in 1952 and provided water to the Knox Trailer Park and Tarawa Terrace family housing. Hadnot Point, on the other hand, opened in 1942 and provided water to Berkley Manor, Paradise Point, Hospital Point Family Housing, Mainside Barracks, and Family Housing at Midway Park.
The ATSDR reported the Tarawa Terrace water supply system was contaminated primarily by a chemical known as tetrachloroethylene (perchloroethylene) (PCE), a dry cleaning solvent. Studies determined that the PCE contamination in the water came from ABC One-Hour Cleaners, a dry cleaning business directly adjacent to the base. For years, employees at ABC Cleaners had been dumping used dry cleaning chemicals into the ground behind the business, directly affecting the underground water supply. We are now aware that this chemical was discovered in the water in 1953, the same year that ABC One-Hour Cleaners was opened.
The Hadnot Point water treatment plant, on the other hand, was primarily contaminated by a chemical known as Trichloroethylene (TCE) but also had high levels of PCE, benzene, and vinyl chloride. According to the ATSDR, multiple sources, including leaking underground storage tanks, industrial spills, and waste disposal sites, were responsible for the Hadnot Point water system’s contamination. TCE was most likely used at the base to clean and maintain weapons and equipment and entered the groundwater through improper disposal and storage. Benzene is a petroleum byproduct with many industrial uses and can be found in refined fuels, cleaners, and other products. Vinyl chloride is a chemical that is mainly used to manufacture plastic pipes.
Spills and improper disposal of these chemicals cause them to penetrate the soil during rainfall, contaminating the groundwater. Moreover, because these chemicals spread fast and are long-lasting, private wells on these sites are susceptible to contaminated groundwater. So too, once the chemicals enter the groundwater supply, they can migrate to lakes and reservoirs, contaminating them.
What Chemicals Were Found in the Water at Camp Lejeune?
As mentioned above, tests identified that VOCs, including trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride (VC), and benzene, contaminated some drinking water sources at Camp Lejeune.
- Tetrachloroethylene (PCE) – Tetrachloroethylene (also known as perchloroethylene, PCE, and PERC) – a known carcinogen – is a manufactured chemical used for dry cleaning and metal degreasing. According to the CDC, long-term PCE exposure can cause changes in the victim’s mood, memory, reaction time, attention span, and sight. It is also linked to multiple myeloma, bladder cancer, end-stage renal disease, and non-Hodgkin’s lymphoma.
- Trichloroethylene (TCE) – Trichloroethylene (also known as TCE) is used as a solvent for cleaning metal parts. TCE is classified as a known human carcinogen by the Department of Health and Human Services, and prolonged exposure increases the risk of kidney cancer. The danger is so clear that the EPA moved to ban TCE as a degreaser in 2016. The agency eventually walked back the proposal. TCE exposure can cause heartbeat irregularities, liver damage, and kidney damage. It also can cause skin rashes. TCE exposure is also linked to kidney and liver cancer, leukemia, multiple myeloma, Parkinson’s disease, scleroderma, and malignant lymphoma.
- Vinyl Chloride – Vinyl chloride is used in industrial and military settings to make polyvinyl chloride (PVC) pipes, cable coatings, and upholstery. PVC is commonly used in both industrial and military projects. Vinyl Chloride is a known carcinogen. Vinyl chloride exposure increases the risk of hepatic angiosarcoma, a rare liver cancer with a poor long-term prognosis. It also elevates the risk of lymphoma, leukemia, and brain and lung cancers. Some studies have found an increased risk of miscarriage and birth defects for pregnant women exposed to high levels of the chemical, and it can also cause nerve damage and immune system changes.
- Benzene -Benzene is one of the most common chemicals in the U.S., and it’s used to produce everything from plastics to detergents to dyes. Benzene is found in crude oil and used as a fuel additive. Experts theorize that benzene made it into the Camp Lejeune water supply because underground storage tanks leaked up to a million gallons of fuel into soil and water. Low-level benzene exposure might cause symptoms like drowsiness, irregular heartbeat, headaches, and confusion. Long-term benzene exposure affects the bone marrow and red blood cells, which can lead to anemia and cause excessive bleeding. It also negatively impacts the victim’s immune systems. Benzene inhalation can lead to irregular menstrual cycles and a change in ovary size in women. It is a known carcinogen linked to acute myeloid leukemia and other blood cell cancers.
According to the CDC, additional birth defects that have been linked with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene, and vinyl chloride exposure include:
- Choanal atresia
- Eye defects
- Low birth weight
- Fetal death
- Major malformations
- Miscarriage
- Neural tube defects
- Oral cleft defects
- Small for gestational age
How Toxic Was the Camp Lejeune Water?
The levels of the harmful chemicals TCE and PCE in the water supply at Camp Lejeune were dangerously high. The US Environmental Protection Agency (EPA) and other health agencies have set the maximum safe level for PCE and TCE in drinking water at five parts per billion (ppb). Anything above five ppb is deemed unsafe for use or consumption. TCE levels in the Camp Lejeune water were 1,400 ppb, while PCE levels were 215 ppb, hundreds of times above the maximum safe limit.
Thus, during 346 months from November 1957 to February 1987, the PCE concentrations greatly exceeded the allowable five ppb. Some experts have said the contamination levels at Camp Lejeune were the highest they’ve ever seen in the U.S. Manufacturing and production workers who interact with these compounds receive ample warning about the potential dangers of exposure. The men, women, and children who lived and worked at Camp Lejeune had no idea they were putting themselves in harm’s way anytime they poured a cup of water, took a shower, or did a load of laundry.
When Was the Water Contamination at Camp Lejeune Discovered?
Unfortunately, events before and following the discovery of VOCs and carcinogenic chemicals in the water at Camp Lejeune have shown serious failures by the government and certain authorities on the base. During the first four decades of Camp Lejeune’s existence, the quality of the water supply on the base was never adequately tested. In the 1970s, Camp Lejeune was ordered to properly dispose of solvents, but they didn’t.
The government passed new regulations in the 1980s, resulting in Camp Lejeune’s water being tested for the first time. Toxic chemicals were first discovered in Camp Lejeune’s water in 1982. However, government officials allegedly ignored the problem for several more years. In 1987, Camp Lejeune began to suspect that there might be something wrong with their water supply after they noticed that the base hospital had reported an increase in miscarriages and congenital disabilities among families stationed there. In December of 1987, officials finally resolved the problem, and the public became aware of the contamination.
The Agency for Toxic Substances and Disease Registry (ATSDR) performed on-site testing and historical modeling of the water contamination at Lejeune. The agency concluded that the Lejeune water contamination began in August 1953 and ended in December 1987.
The U.S. Marines have been aware of the issues with the contaminated drinking water at Camp Lejeune since at least 1985, when they had begun testing the water themselves after a worker filed a complaint to OSHA, stating that he’d been exposed to chemicals while handling waste from a nearby dry-cleaning business.
The history of Camp Lejeune water contamination highlights failures to act and the government’s slow response to the discovered toxic substances. But it also reveals the efforts to keep the dangers quiet, ultimately putting more servicemembers and their families at risk.
Many of the people who were affected by the contaminated water at Camp Lejeune did not learn about the contamination until the late 1990s, when the ATSDR began researching the long-term effects of the water contamination at the base, whereby they reached out to former Camp Lejeune residents and workers, many of which were inflicted with cancers and other illnesses, who began to realize that they could be sick due to their time at the base.
How Did the Camp Lejeune Water Contamination Affect Veterans and Their Families?
The Camp Lejeune water contamination caused serious illnesses and deaths. To many water contamination victims, the name Camp Lejeune brings an assortment of tragic scenes to mind. Some associate it with its “Baby Heaven,’’ a cemetery on site dedicated to more than 100 newborns who died at birth in the 1960s and 1970s. The deaths were due to mothers unaware of the contaminated water. They were poisoning themselves and their unborn babies by drinking, cleaning, and bathing in the toxic water. To others, the base represents a place that did not adequately protect young families.
A 2003 federal study concluded that the rate of neural tube defects, such as spina bifida and anencephaly (a condition in which part of the brain or skull is missing), was 265 times higher in babies connected with Camp Lejeune than the national average. The contamination affected pregnant women and their children by causing congenital disabilities such as cleft palates, fetal brain damage, and childhood cancers. Many children died due to their mothers being exposed to contaminated water during their pregnancy. It turns out that newborns are especially vulnerable to the effects of exposure because they’re still developing, which means if their mothers were exposed while pregnant, it could leave lasting damage. Pregnant women also have an increased susceptibility to toxins due to hormones released during pregnancy that affect how certain organs work and whether or not they can eliminate certain chemicals from their bodies effectively.
Camp Lejeune is also associated with many male breast cancer cases, considered rare for men to contract. According to the Washington Post, at least 73 men, most former marines, believe their bout with breast cancer comes from their time on the military base.
Here is a general list of illnesses and conditions associated with the Camp Lejeune water contamination by the ATSDR:
- Aplastic anemia
- Birth defects
- Bladder cancer
- Breast cancer
- Cardiac defects
- End-stage renal disease
- Esophageal cancer
- Hepatic steatosis (also known as fatty liver disease)
- Infertility
- Kidney cancer
- Leukemia
- Liver cancer
- Lung cancer
- Multiple myeloma (a cancer of plasma cells)
- Myelodysplastic syndromes
- Non-Hodgkin’s lymphoma
- Parkinson disease
- Renal disease Scleroderma (an autoimmune connective tissue and rheumatic disease that causes inflammation in the skin and other areas of the body.)
The effects of Camp Lejeune’s water contamination on the psychological health of those exposed to it can be wide-ranging, from everyday stress and anxiety to more serious mental health issues like PTSD and suicidal thoughts. The potential for psychological harm is especially high for children whose parents served at Camp Lejeune. Children with mothers who drank contaminated water while pregnant are also at risk for developmental delays or learning disabilities. Additionally, they may experience behavioral problems such as aggression or attention deficit hyperactivity disorder (ADHD).
The mental health problems caused by Camp Lejeune Water Contamination can be severe, including depression and anxiety. Some people who experienced this contamination were children; many developed cancer or other illnesses later in life. In addition to psychological distress, many people develop physical symptoms like skin rashes and sores from exposure to contaminated water. Some health conditions developed while victims lived at the base, while many others took years.
Since warning signs of toxic water are fairly rare, connecting a chronic illness to VOC exposure years or decades later isn’t always quick or apparent. Many factors affect the health effects of VOCs on the human body: the level of contaminants, how someone is exposed (ingested, inhaled, or in contact with the skin), and the length of time and frequency of exposure. Sadly, even low concentrations of toxins in the water can cause chronic health conditions, and in most cases, there aren’t any early symptoms or warning signs.
While the U.S. Environmental Protection Agency (EPA) placed Camp Lejeune on the Superfund program’s National Priorities List (NPL) in 1989, it took years before many former residents learned they were at risk for debilitating illnesses from Camp Lejeune water contamination. It took even longer before the federal government implemented programs advocating for Camp Lejeune victims.
In the case of the Camp Lejeune victims, the ATSDR obtained health history and medical information from thousands of former residents and employees from the facility during the relevant time frame. This information was then compared to similar medical information from a control group of residents and employees from Camp Pendleton, a Marine Corps base in California, with water that was not contaminated.
Based on this analysis, the ATSDR study determined that the Camp Lejeune population displayed higher colon and rectal cancer rates than Camp Pendleton’s control group. More significantly, the ATSDR data indicated a correlation between the extent of exposure to the toxic water at Lejeune and the rate of colon cancer.
In addition, according to a February of 2014 CDC report, Marines had a:
- 68% higher risk of multiple myeloma
- 50% higher risk of ALS
- 47% higher risk of non-Hodgkin’s lymphoma
- 42% higher risk of liver cancer
- 35% higher risk of kidney cancer
Camp Lejeune Water Contamination Legislation
Until recently, legal options for Camp Lejeune water contamination victims have been limited. In 2008, the Department of Veteran’s Affairs (VA) established a “presumptive service connection” for veterans stationed at Camp Lejeune between 1953 and 1987. Under this law, the VA recognized that only the following eight conditions were “service related,” thus eliminating the need to prove a causal connection between these illnesses and the service member’s service.
Those eight conditions included: 1. Parkinson’s disease; 2. non-Hodgkin’s lymphoma; 3. MDS; 4. adult leukemia; 5. multiple myeloma; 6. Bladder cancer; 7. Kidney cancer; and 8. liver cancer. Veterans suffering from other health complaints, on the other hand, were required to submit additional medical evidence proving the service connection, a very difficult standard to prove.
In 2012, President Obama signed the Honoring America’s Veterans and Caring for Camp Lejeune Families Act into law. This law, which is also known as the Janey Ensminger Act, created a mechanism for veterans and their families to receive care through the Department of Veteran’s Affairs for certain health issues associated with Camp Lejeune’s water contamination. Coverage of medical expenses was limited to certain “qualifying health conditions.” The law was named after a nine-year-old girl who lived at Camp Lejeune and tragically died from leukemia.
While the law provided healthcare through the VA to the military and their families residing on the base, it didn’t offer a legal avenue to file a Camp Lejeune lawsuit for damages related to health problems and illnesses caused by water contamination. Moreover, the VA denied many veterans’ claims for disability and medical services under the law.
Moreover, in 2009, many Camp Lejeune water contamination victims filed lawsuits against the U.S. government in federal court under the Federal Tort Claims Act (FTCA), claiming that they developed cancer and other health problems from exposure to contaminated water. Over 850 lawsuits were consolidated into multidistrict litigation (MDL) class action lawsuit in the Eastern District of North Carolina in 2012.
Unfortunately, all of these cases were dismissed based on North Carolina’s 10-year statute of repose, which gave the Plaintiffs only ten years to bring a claim for disease or other “latent injury.” Considering the toxic exposure at Camp Lejeune began in the 1950s and ended in the 1980s, most claims related to the water contamination have been barred by the courts in North Carolina for exceeding the statute of limitations.
On August 10, 2022, however, the Honoring our Promise to Address Comprehensive Toxics (“PACT”) Act, combined with the Camp Lejeune Justice (“CLJA”) Act, was signed into law. The PACT Act provides veterans exposed to toxins and contamination, such as burn pits or contaminated water, the healthcare and benefits needed when it causes injuries and health conditions. The Act also expands screenings, including lab testing and medical treatment available to veterans exposed to toxic chemicals or water.
Moreover, the CLJA makes it so that the statute of repose does not apply to Camp Lejeune claims and that the U.S. government may not assert claims to immunity. Under the CLJA, victims of toxic exposure are given a two-year statute of limitations to file a lawsuit for personal injury against the federal government due to water contamination at Camp Lejeune.
With the Camp Lejeune Justice Act signed into law, veterans and others exposed to contaminated water at Camp Lejeune can now bring claims for personal injury and wrongful death caused by toxic exposure.
Do I Have a Valid CLJA CLaim?
To succeed with your CLJA claim, you must show that you were exposed to contaminated water at Camp Lejeune for a minimum of 30 days between August 1, 1953, and December 31, 1987, and that you suffered harm as a result.
Unlike most personal injury claims, you do not need to prove negligence to recover under the Camp Lejeune Justice Act of 2022. Instead, to succeed under the CLJA, you simply have to show that the relationship between your exposure to contaminated water at Camp Lejeune and your health conditions are:
- Sufficient to conclude that a causal relationship exists, or
- Sufficient to conclude that a causal relationship is at least as likely as not.
Concerning your specific chances of success, individual case results will vary. The chances of success for your claim will depend on many factors, including but not limited to the strength of your evidence, the type and extent of your injuries, and whether or not the government accepts liability, among many other considerations. When you call for a free case evaluation, Camp Lejeune lawyer Brett O’Brien will help you evaluate the strength of your claim and give you an estimate of your chances of success.
What If I’m Not a Veteran? Can I Still Sue for My Injuries Under the CJLA?
Yes, you are still eligible to file a lawsuit. Remember that the law allows individuals – and not veterans exclusively – who resided, worked, or were otherwise exposed to the water at Camp Lejeune an opportunity to sue the government. This group of people includes
- Spouses, children, and other family members;
- Babies exposed in utero;
- Cadets and soldiers;
- Veterans, reservists, and the national guard;
- All branches of the United States Military; and
- On-base civilian workers and employees.
What Types of Compensation Am I Eligible For?
Under the CLJA, Camp Lejeune water contamination victims are eligible for a variety of different types of compensation, including:
- Medical or health care expenses: past, present, and future healthcare expenses such as hospitalization, doctor’s visits, prescription drugs, surgeries, and other medical treatment;
- Lost earnings: lost wages due to time missed from work as a result of your injuries;
- Pain and suffering: compensation due to the physical pain and emotional anguish caused by your injuries;
- Loss of enjoyment of life: compensation due to the inability to participate in activities that you used to enjoy due to your injuries; and
- Wrongful death: if you have lost a family member, you may be eligible for funeral and burial costs, medical bills, the loss of your loved one’s financial support, and more.
How Much Is My Camp Lejeune Case Worth?
As explained above, as part of your damages, you are eligible to recover damages for each of the following: past and future medical care related to your condition, lost wages that you incurred while receiving treatment, pain and suffering, loss of life’s enjoyment, and funeral expenses in the event of death.
It has been estimated that total settlement payouts for Camp Lejeune exposure victims will reach $6.7 billion. However, total settlement payments could be more or less than this estimated amount.
Individual Camp Lejeune settlement amounts may be worth as little as $25,000 to over $1 million. Your settlement amount, of course, will depend on the severity of your illness or condition. Thus, it is difficult to estimate the average value of Camp Lejeune settlements. In general, however, those who develop cancer or Parkinson’s disease will obtain larger sums of money.
How Long Do I Have to File a Camp Lejeune Lawsuit?
Victims exposed to water contamination at Camp Lejeune have two years from August 10, 2022, to file a CLJA claim. It is important to note that your Camp Lejeune lawyer has a lot of work to prepare your CLJA claim for filing. Thus, do not wait until the last second to hire a lawyer to represent you. The sooner you retain counsel, the better, as it will allow them more time to adequately and persuasively build your personal injury or wrongful death claim.
What If My Loved One Is Deceased?
The CLJA allows Camp Lejeune water contamination victims and their families to file personal injury and wrongful death claims. Personal injury cases are claims brought by claimants themselves for bodily injuries they sustained. Wrongful death claims, on the other hand, are filed by the claimant’s estate on behalf of the claimant who died due to a personal injury.
Thus, the Camp Lejeune Justice Act (CLJA) allows the legal representative of an individual who became ill and died from toxic water to bring a lawsuit on their behalf. Moreover, your loved one’s death does not need to have been caused by the condition linked to their exposure. Even if the individual died from unrelated causes, such as an accident or other medical condition, you might still have the right to pursue compensation for the illness or condition believed to have been caused by your loved one’s time at Camp Lejeune.
How Long Will My Case Take to Resolve?
The amount of time your case will take to resolve will depend on several factors, including whether the government denies your claim or accepts liability, the strength of your evidence, and the extent of your health issues. If you have any questions about how long your particular case may take, Camp Lejeune lawyer Brett O’Brien can help you estimate a timeline for your case.
How Do I File a Camp Lejeune Water Contamination Claim?
Before filing a lawsuit in federal court, your Camp Lejeune lawyer must file an administrative claim for disability coverage to the Judge Advocate General for the Department of the Navy’s Tort Claims Unit (TCU) in Norfolk, Virginia. This is a condition precedent to filing a lawsuit in federal court.
Individuals with injuries from the toxic substances in the drinking water at the Camp Lejeune military base can go to the Navy JAG website to begin the CLJA claims process. However, you may want to consult with an attorney familiar with Camp Lejeune lawsuits before you start. Camp Lejeune lawyers can make sure claims are correctly filed to receive proper compensation for Camp Lejeune injuries and within the two-year statute of limitations. If a CLJA claim is denied, a Camp Lejeune lawyer can assist with the next step, filing a Camp Lejeune lawsuit in federal court.
Once your administrative claim is filed, the Department of the Navy has six months to approve or deny your claim. If a claim is denied and a Camp Lejeune settlement is not reached, a federal lawsuit can then be filed.
Camp Lejeune civil lawsuits must be filed in the U.S. District Court for the Eastern District of North Carolina. Your attorney will initiate these proceedings by filing a Complaint in the U.S. District Court for the Eastern District of North Carolina. This document will detail your diagnosis and establish your legal causes of action.
To draft the Complaint, your Camp Lejeune lawyer may need to gather some information from you, such as your length of time Camp Lejeune, how the exposure happened (i.e., bathing, drinking), your military and work history, etc. Your Camp Lejeune lawyer will also request medical documents related to the condition or illness caused by the contaminated water.
The Camp Lejeune legal process may get complicated. If you are unsure if you or a loved one would qualify for a Camp Lejeune lawsuit, consider contacting a Camp Lejeune lawyer knowledgeable in the new legislation, so the proper legal steps are taken within the Camp Lejeune Justice Act’s two-year statute of limitations.
Do I Need To Hire An Attorney?
Like any area of law, you are free to represent yourself or file your case pro se (Latin for self or “on one’s own behalf”). However, it is highly recommended that you obtain competent legal counsel to represent you in your Camp Lejeune lawsuit. Keep in mind that you will be filing a lawsuit in federal court. Filing a lawsuit is a complicated process, and hiring an experienced Camp Lejeune lawyer to put together a strong case that proves your injury and sufficiently links it to the water contamination can drastically increase your award.
How Much Does it Cost to Hire a Lawyer for a Camp Lejeune Lawsuit?
The Camp Lejeune lawyers at the National Security Law Firm handle CLJA claims on a contingency-fee-basis, meaning you do not pay anything unless we win your case. This means you can have peace of mind knowing that you will not have to pay your Camp Lejeune lawyer out of pocket.
Thus, you do not have to worry about the cost of hiring a lawyer to handle your Camp Lejeune lawsuit. Once you receive your Camp Lejeune settlement or award, we will deduct our legal fees and expenses from the award. Moreover, while some personal injury lawyers charge a contingency fee of 40% of your recovery, the Camp Lejeune lawyers at the National Security Law Firm charge a 33 ⅓% contingency fee.
What If I Already Received or Was Denied VA Benefits?
It is important to understand that the process of filing a personal injury and/or wrongful death lawsuit against the U.S. government in federal court is different from filing a claim with the U.S. Department of Veterans Affairs for disability or healthcare benefits. It is also important to understand that those who have already gone to the VA for disability or healthcare benefits – regardless of whether they were received or denied – are still eligible to file a lawsuit in federal court under the CLJA. In other words, whether or not you have received prior VA benefits has no bearing on your eligibility to file a CLJA claim.
Thus, if you were previously denied VA benefits, the law allows you to file a new claim in federal court for additional compensation. In other words, the previous VA denial does not bar you from filing suit in federal court under the CLJA.
Moreover, even if you did receive VA benefits, the CLJA was designed to provide compensation over and above VA benefits for things like pain and suffering and loss of employment prospects. Thus, you are not precluded from filing a claim under the CLJA in federal court even if you have received either disability or healthcare benefits from the VA for your Camp Lejeune claim. It is important to note, however, that any damage awards for Camp Lejeune water contamination made to an individual, or legal representative of an individual, will be offset by the amount of any disability award, payment, or benefit provided to the individual or their legal representative. Otherwise, you would be recovering twice.
For these same reasons, filing a federal lawsuit will not impact any benefits that you are currently receiving from the VA.
Am I Also Eligible For VA Disability and/or Healthcare Benefits?
The Department of Veterans Affairs provides disability benefits and health care benefits to veterans who were exposed to the contaminated water supply while stationed at Camp Lejeune.
- VA Disability Benefits
To receive disability compensation through the VA, you must be able to show that your illness is related to your exposure to contaminated water. Moreover, each of the following must be true:
- You served at Camp Lejeune or Marine Corps Air Station (MCAS) New River for at least 30 cumulative days from August 1953 through December 1987; and
- You did not receive a dishonorable discharge when you separated from the military.
In addition, you must also have a diagnosis of one or more of the following eight “presumptive conditions:”
- Adult leukemia;
- Aplastic anemia and other myelodysplastic syndromes;
- Bladder cancer;
- Kidney cancer;
- Liver cancer;
- Multiple myeloma;
- Non-Hodgkin’s lymphoma; or
- Parkinson’s disease.
Family members are not eligible for disability benefits from the Department of Veterans Affairs.
For veterans seriously harmed by the water at Camp Lejeune, applying for and winning disability benefits is a small but important form of redress for their injuries. Veterans who win Camp Lejeune water contamination claims can receive upwards of $3,000 per month with a 100% disability rating. They may also be eligible for Special Monthly Compensation, which is additional monthly compensation for especially severe disabilities. Individual Unemployability could be another way to receive maximum compensation without a 100% rating.
If you need assistance filing for VA disability benefits, contact the Camp Lejeune lawyers at the National Security Law Firm for a free consultation.
- VA Healthcare Benefits
To qualify for healthcare benefits from the VA, you must be active duty, National Guard, a reserve member, or a family member of a military member who lived on the base for at least 30 days between August 1st, 1953 and December 31st, 1987.
The government will provide benefits to treat certain medical conditions associated with water contamination. To qualify for healthcare benefits, you must have lived at Camp Lejeune within the appropriate time frame and suffered:
- Liver cancer;
- Prostate cancer;
- Birth defects;
- Bladder cancer;
- Kidney cancer;
- Lung cancer;
- Leukemia;
- Multiple myeloma; or
- Neurobehavioral effects.
If you are a veteran eligible for benefits under the Camp Lejeune Act of 2012, you can receive medical services for any of the above conditions at no cost. Family members affected by the water contamination may also qualify for reimbursement for any out-of-pocket medical costs associated with these conditions. You can claim these benefits by supplying evidence showing that you were a legal dependent of a veteran who served at Camp Lejeune; you lived on the base within the appropriate time frame, and you paid for healthcare related to a covered medical condition.
If you need assistance filing for VA healthcare benefits, contact the Camp Lejeune lawyers at the National Security Law Firm for a free consultation.
How Can I Find the Best Camp Lejeune Lawyer to Represent Me?
If you are looking for the best Camp Lejuene lawyer to represent you, there are a few steps that you can take. First, make sure that you interview multiple attorneys before making a final decision. Almost all Camp Lejeune lawyers offer free consultations. This is your opportunity to interview the lawyer to see if they are a good fit. You can search for Camp Lejeune lawyers using the Internet, just be sure to check out their reviews. In addition, you can ask friends or family members for recommendations.
Please note the difference between independent review websites and testimonials. Testimonials are client reviews posted directly on a law firm’s website. While testimonials are helpful, you must remember that law firms can “cherry pick” them and so will choose only positive reviews. Thus, you should always cross-check reviews via Google or another search engine to see what others have to say about that firm.
The Camp Lejeune lawyers you are considering should have experience in personal injury and military law background. Your Camp Lejuene federal lawsuit will be intertwined with issues involving military benefits, such as VA disability compensation, healthcare compensation, and medical retirement. You should also ensure that your lawyer can go to trial if necessary if a settlement is not reached through the administrative claims process. Thus, trial experience is key.
Nationwide Camp Lejeune Lawyers
The National Security Law Firm is here to help. We represent individuals who have been exposed to toxic substances and subsequently diagnosed with cancer or other serious health conditions. If you have questions or want to speak with Camp Lejeune lawyer Brett O’Brien, please contact us for a free consultation. We can assist you with filing a Camp Lejeune claim in federal court, pursuing VA disability and healthcare benefits, and/or addressing medical retirement issues.
Moreover, we represent Camp Lejeune water contamination victims nationwide.
With over 100 5-star reviews, you can rest assured you are in good hands.