A lot of people have been harmed by the toxic water at Camp Lejeune, North Carolina. The water was severely contaminated with chemical substances from 1953 to 1987. These circumstances have led to the Camp Lejeune lawsuit.
Camp Lejeune Lawsuit: Origin
The Camp Lejeune case is only growing by the day. Many law firms are looking to make the case national. This means that the lawsuit is not only in North Carolina anymore; many of the affected people have relocated. With all of that in mind, how did the Camp Lejeune lawsuit start?
Authorities started letting the veterans and former residents of Camp Lejeune know about the possible health issues and risks in 1999. This was twelve years after the final instance of contamination. It was not long after that when the first lawsuit was filed. The first official claim made was in 2007; it was filed under the Federal Tort Claims Act (FTCA). Since there was only one case at the time, it was easy to ignore and dismiss.
However, cases soon began to pile up. By 2009, the first mass tort case had been filed. There was a major issue, though, standing in the way of all these earlier cases.
The MDL Court’s Main Reasons for Dismissing Claims
- US Supreme Court Feres Doctrine
- The Discretionary Function Exception
- North Carolina’s statute of repose
The Camp Lejeune lawsuit was not looking too good at this point; it was still a point of contention when it came to the United States government and the victims of the contaminated water.
Camp Lejeune Families Act
Even though Barack Obama had taken action during his presidency, it still looked like things were moving slowly. In August 2012, President Barack Obama signed the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act.” This bill promised benefits for all victims. That included Marines as well as their families.
However, in June 2014, the Obama administration issued a decision that may prevent the victims from receiving justice. In light of this ruling, the US government made an attempt to dismiss all the claims of Camp Lejeune victims. Many people began losing hope after this. However, a lot of people were still fighting very hard for justice. Of course, this was not in vain. A lot of progress was made over the years, and the lawsuit was starting to come together.
Lawsuit Progress
By 2021, under the Biden administration, lawmakers finally started to take the claims seriously. After a long series of back and forths, the House of Representatives and the US Senate both agreed to pass the Camp Lejeune Justice Act (CLJA) of 2022. President Biden signed it in August of 2022.
The people have finally won after many long and hard years of waiting. The US government has agreed to set aside 6.7 billion dollars for victims to come and reclaim. Now that the Camp Lejeune lawsuit is ongoing and moving at a rapid pace, all that is left is for the affected parties to start hiring lawyers and filing their claims. But before filing a claim, it is very important to know who qualifies.
Who Qualifies
Since the framework of the Camp Lejeune lawsuit is still relatively new, many people are still confused regarding who can qualify. Mainly, the federal government is offering compensation to anyone who was exposed to the contaminated water at Camp Lejeune. There are some specific criteria that need to be met in addition to that, though.
To have a valid claim, the first condition that must be met is being exposed within the specified timeframe. That timeframe is between August 1, 1953, and December 31, 1987. The second condition is that the affected party has been at Camp Lejeune during that time for at least thirty days.
Many law firms believe that it does not matter whether the thirty days were consecutive or not. However, the case would be much better if the thirty days were consecutive instead of accumulative. Also, it does not matter whether or not the affected person is a veteran; all that matters is that the person was present at Camp Lejeune.
Filing a Claim
Here are the steps you will need to take when you file a claim for the Camp Lejeune lawsuit so you can protect your future health.
- The first thing you need to do is provide proof that you were at Camp Lejeune. Also, it must have been for at least 30 days between 1953 and 1987. So if you lived there for at least one month, and have proof, you will need to show it.
This evidence that will prove you were at Camp Lejeune can be military records, work documentation, or anything that says you were there for at least 30 days.
- Next, you need to show evidence of suffering, loss, or damage. So, if you have any medical records to show proof of illness, you will need to provide them.
You or a family member will have to show these medical records. Then, you can prove that the contaminated water at Camp Lejeune has caused some sort of harm.
- Lawyer up.
This part is a bit tricky. Luckily, below we can help make the task of choosing a lawyer for your case much less daunting. Once you have a lawyer, everything will go smoothly from then on.
Choosing a Lawyer
When going about choosing your lawyer, you will need to make sure that you pick a really good one. It is very important who handles your case because there is a lot at stake. The outcome of your case is in their hands, essentially. So, without further ado, here is how to choose a good lawyer.
To begin, schedule a free case consultation. A free consultation is not only a good indicator that they are a good pick, but also a good way to evaluate them with no obligation. You will need to check that they have years of experience in similar cases. So a personal injury or products liability lawyer with experience in mass tort cases will be a good pick. The Camp Lejeune lawsuit is still very new, so there is no other real way to know whether or not someone is a good Camp Lejeune lawyer. With that said, these are the current metrics.
The next step is to look at online reviews. Other people’s honest feedback based on real experiences can sometimes help a lot. However, make certain that you are using credible sources. The Better Business Bureau is a good place to start when researching ratings and reviews. Yelp is another good one to check.
Lastly, check their professional license and see how many cases they have taken. Also, check the contingency fees. After reviewing their retainer and making sure they do not have too many or too few cases, you can make an educated decision.