Camp Lejeune: Remedies for Veterans and Surviving Family Members

In August, President Biden signed into law the Camp Lejeune Justice Act. This law is intended to reverse decades worth of Injustice and allow injured Camp Lejeune service members and their families to receive financial compensation from the federal government. For decades, these service members and their families were exposed to a variety of hazardous toxins that were found at extremely high levels in the water at Camp Lejeune. They drank and bathed in this water, and as a result, many have been diagnosed with a serious illnesses. Numerous people have died or been sickened from Camp Lejeune-related illnesses, such as several different types of cancer and Parkinson’s disease.

If you are in this position, reach out to a San Francisco injury law firm that is handling Camp Lejeune claims.

Victims Who Have Been Denied the Right to Sue Can Now File Claims

For years, injured veterans were unable to sue the federal government because of the North Carolina state law that allowed polluters to escape liability if a lawsuit was filed more than ten years after the last act of pollution. The new law created a federal cause of action that lasts for only two years and allows injured service members and their families to directly file claims against the federal government.

The new law allows for people who were exposed to contaminated water for at least 30 days between 1953 and 1987 to file a claim against the federal government if they have been injured. The law allows for financial compensation when harm was caused by, linked to, or associated with the toxic Camp Lejeune water. Injured people may also file claims when the toxic water increased the likelihood of the harm that they suffered. For example, if someone was diagnosed with kidney cancer, they may be entitled to financial compensation because the toxins in the Camp Lejeune water could increase the possibility that they could contract that illness. 

Still, the claimant has the burden of proof to show that their illness is connected with Camp Lejeune water by a preponderance of the evidence. Given that many of the victims have already died, the law specifically describes what may be enough for claimants to meet their burden of proof. For example, they can use a scientific study That shows that contaminated water is One possible cause of the illness that they have suffered.

You Must First File a Government Claim

The first remedy for veterans and surviving family members is to directly file a claim with the federal government. Like any other cause of action against the federal government, the claimant must go to the government first before they can go to court. The government will decide whether to grab the claim, and they may make a settlement offer to the claimant.

Even if the government makes a settlement offer, it does not mean that you are obligated to accept it. Like any other claim, you have the ability to negotiate financial compensation with the federal government. Seeking to limit its own liability, the government could make you an inadequate settlement offer that does not fully pay for your damages. Your lawyer could negotiate and make their own counteroffer to obtain more acceptable financial compensation.

You Can Go to Court if the Government Will Not Satisfactorily Resolve Your Claim

If the government denies your claim, or if they will not offer enough financial compensation, you then have the right to file a lawsuit in federal court. According to the law, you can file a legal action in district court for the Eastern District of North Carolina. You can only file the lawsuit after you have fully complied with the terms of the Federal Tort Claims Act. You may even be able to have attorneys’ fees awarded to you under federal law.

This remedy only exists for a certain period of time. The Camp Lejeune Justice Act is not a holiday from the statute of limitations. Instead, it is a two-year window that you have to file a lawsuit. When that window closes, you lose the right to sue or get financial compensation.

You May Also Qualify for VA Disability Benefits

One remedy that veterans and family members do not have is punitive damages against the federal government. Even though the government should have known for decades of the possibility that the groundwater could have been contaminated, and it continued to operate these wastewater treatment plants for seven years after first learning of actual contamination, the law forbids any type of punitive damages. It is a standard legal principle that the government must waive its own sovereign immunity in order to be sued, and it never allows punitive damages in lawsuits against it. 

Injured service members can also file for Veterans Administration benefits if they suffer from a Camp Lejeune-related illness. The VA has specified eight illnesses that are presumed to be connected to toxic Camp Lejeune water. They are:

• Adult leukemia.
• Aplastic anemia and other myelodysplastic syndromes.
• Bladder cancer.
• Kidney cancer.
• Liver cancer.
• Multiple myeloma.
• Non-Hodgkin’s lymphoma.
• Parkinson’s disease

These benefits can provide both a monthly cash payment and coverage of medical expenses. Although Congress had previously passed a law allowing for these benefits, the VA has not always approved applications. A recent Inspector General report details the turmoil, disorganization, and unfair procedures that have been used to deny benefits. The agency promises to clean up its act, and injured veterans should continue to apply for benefits. The Camp Lejeune Justice Act makes it very clear that filing a lawsuit against the federal government for Camp Lejeune injuries will have no impact whatsoever on the veteran’s eligibility for benefits. 

Contact a Camp Lejeune Water Personal Injury Lawyer Today

If you or a loved one has a potential claim against the federal government for contaminated Camp Lejeune water injuries, the attorneys at the Cartwright Law Firm can help you secure the financial compensation that you deserve. The first thing for you to do is schedule a free consultation with one of our attorneys. You can contact us online or call us at (415) 433-0444.