You Can File a Camp Lejeune Lawsuit Even if You Were Denied Benefits in the Past

 Posted on October 07, 2022 in Personal Injury

For more than three decades, veterans and their families have tried to seek justice and financial compensation for the injuries they experienced at Camp Lejeune. Contaminated water at the base was a hidden hazard that led to severe illnesses and death. There is new legislation creating an opportunity for you to seek restitution from the federal government. A personal injury attorney can help you navigate the governmental bureaucracy and legal challenges to bring you the compensation you deserve.

What Has Changed?

The Camp Lejeune Justice Act is now law and a part of the Honoring Our PACT Act,

a veterans’ healthcare and benefits legislation. It lays out a new process that allows Marines and their family members to seek compensation for injuries sustained from contaminated water at the base.

In 2012, veterans received access to medical care for Camp Lejeune illnesses stemming from the toxic chemicals in the water for qualifying medical conditions. Employees and veterans were only eligible for certain benefits such as health care from VA-affiliate care centers. Loopholes prevented victims from pursuing legal action against the United States government.

Receiving VA Benefits or Denied

The new law expands your rights. So even if you are receiving medical benefits or other compensation from the Veterans Administration related to the water contamination at Camp Lejeune, you are eligible to file a lawsuit for separate compensation.

The Veterans’ Affairs Office of Inspector General delayed or denied Camp Lejeune disability claims of more than a third of veterans who sought benefits. Tens of thousands of claims were incorrectly processed or delayed. So if you were turned down in the past, you can file a new claim under the Camp Lejeune Justice Act.

You have up to two years to file a claim. You can expect the process and paperwork to be complicated without the guidance of an experienced personal injury lawyer. Significant compensation may be available to you and your family. Here are the top two questions to ask yourself to see if you qualify:

•  Did you or your loved one serve, work, live, or was exposed in-utero at Camp Lejeune for at least 30 days from August 1, 1953, through December 31, 1987?

• Were you or your loved one diagnosed with a health condition related to the contaminants?

Those eligible include active-duty personnel, members of the National Guard, the Army Reserve, family members, and citizens.

If your loved one died as a result of the water contamination, you can sue on their behalf. There could be grounds for a wrongful death case.

The Department of Health and Human Services Agency for Toxic Substances and Disease Registry estimates that as many as one million people were exposed to the contamination.

Compensation

Scientific and medical evidence has shown an association between exposure to harmful chemicals in the water during military service and the development of diseases later on. They include cancers, blood disorders, reproductive issues, and other disorders. The new law does not permit punitive damages but compensatory damages would be allowed placing litigants in a position to monetarily seek justice for some of the following injuries:

• Pain and suffering

• Lost wages

• Diminished enjoyment of life

• Medical treatments

 Contact a Joliet Personal Injury Camp Lejeune Attorney

If you are suffering from life-altering health conditions as a result of water contamination at Camp Lejeune, you may be entitled to significant compensation. Call 708-226-9000 for a free consultation with a skilled Cook County personal injury attorney. At Schwartz Injury Law, we are dedicated to helping victims of Camp Lejeune seek justice against the United States government and those responsible for their injuries.

Sources:

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/

https://www.congress.gov/bill/117th-congress/house-bill/3967/text

https://www.congress.gov/bill/117th-congress/house-bill/3967/text#toc-HB9A39CAFD0FC47FFAC9A3EB939C72057