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Camp Lejeune Justice Act: What Every Veteran Should Know

If you or a loved one spent more than 30 days at Camp Lejeune between the years of 1953 and 1987, and your health was affected by exposure to toxic water, you may be entitled to significant financial compensation. Congress has passed a new law that allows you to seek financial compensation after years of denying veterans and the effects of the water at Camp Lejeune. Do not wait to discuss a possible case with an experienced attorney. The Military Put You in Harm’s Way For over three decades, the military exposed those who served at Camp Lejeune and their families to grave harm. Those who oversaw the expansion of the base overlooked concerns and placed a buried chemical dump dangerously close to groundwater wells that fed a water treatment plant. They also failed to anticipate the harm caused by an off-base dry cleaner which improperly dumped chemicals that tainted the base water supply. As a result, the following dangerous chemicals have been found in Camp Lejeune water: Benzene Trichloroethylene Tetrachloroethylene Research studies have shown that Camp Lejeune veterans have developed certain illnesses at a much higher rate than those who served at other bases. They have also been shown to have a much higher mortality rate. Congress Passed a Law that Helps Injured Service Members Congress passed a new law that creates a special cause of action that allows Camp Lejeune veterans and their families to file a claim against the federal government. Previously, veterans who filed lawsuits had their cases dismissed. There is a judicial doctrine that makes it extremely challenging for injured veterans to sue the federal government. In addition, there was a North Carolina state law that prevented veterans from suing. The fact that the government failed to come clean for decades actually worked against veterans who wanted to sue. Now, Congress has changed this with the Camp Lejeune Justice Act. You Must Act Quickly to File a Claim with the Government You have two years from the date that the law was signed to file a claim. First, you must go directly to the government with your documentation that shows that you 1) were at Camp Lejeune for the required amount of time and 2) have an illness that was caused by or could have been caused by the toxic water at Camp Lejeune. If you can establish your eligibility for financial compensation, the government may make you a settlement offer. Congress has estimated that the government will need to spend more than $6 billion to pay these claims. When you have an experienced attorney on your side, you may be able to negotiate the proper amount of compensation with the Department of Defense. If you are still not satisfied with the result of your claim, you may file a lawsuit against the government in federal court in the Eastern District of North Carolina. Contact a Camp Lejeune Lawsuit Attorney The Comerford Law Office is passionate about helping veterans seek compensation for the grave injustice to which they were subjected by the government that they were serving. Your first step is to contact us online to schedule your free initial consultation.

What Veterans Should Know about the Camp Lejeune Justice Act

The Camp Lejeune Justice Act is a long overdue measure passed by Congress to finally do right by the scores of veterans and their family members who were sickened through prolonged exposure to toxic water. However, the law provides only a temporary solution, and if you miss the window of opportunity, you may lose the right to financial compensation. Here are some key points that veterans should know about the Camp Lejeune Justice Act. To discuss your situation and options for filing a claim, contact an attorney about your rights. The Government Exposed Veterans and Their Families to Grave Harm For over three decades, service members and their families living at Camp Lejeune or MCAS New River bathed in and drank toxic water. There were three water treatment plants that relied on contaminated groundwater. One was located perilously close to a chemical dump, and the toxins permeated the water. Another treatment plant was located downhill from an off-base dry cleaner that had poor waste disposal practices. The result was that the water contained extremely dangerous levels of toxins such as benzene, Trichloroethylene, and Tetrachloroethylene. You Have a Limited Amount of Time to File a Claim Before Congress passed the Camp Lejeune Justice Act, veterans and their families were not allowed to file a claim for illnesses caused by the water at Camp Lejeune. There was both a North Carolina state law and a longstanding judicial doctrine that barred lawsuits. The Camp Lejeune Justice Act created an entirely new cause of action for a lawsuit. However, the law specifically states that you have two years from the date that the law was signed to file a lawsuit (it was signed on August 10, 2022), or else you could lose the right. After two years, unless new legislation is passed, the previous rules that prevented a lawsuit will go back into effect. You Can File a Wrongful Death Lawsuit In some cases, the family member who was sickened by toxic water died from their illness many years ago. The family member does not need to be still living to file a claim for compensation. The surviving family members can file a wrongful death claim to be compensated for the losses that they suffered when their loved one died. It does not matter how long ago their loved one passed away as long as they meet all other eligibility criteria. Causation Requirements for a Camp Lejeune Claim In order to be eligible for financial compensation, you need to prove that you were at Camp Lejeune or MCAS New River for at least 30 days between 1953 and 1987 and one of the following about your illness: It is caused by exposure to the water It is associated with exposure to the water It is linked to exposure to the water Exposure to the water increased the likelihood of such harm Contact a Camp Lejeune Attorney to Fight for Financial Compensation The Comerford Law Firm has a track record of getting results for injured veterans. We have worked with numerous service members, helping them receive the benefits that they are due. To speak with an attorney about a possible claim, you can send us a message online or call us today to request a free consultation.

How to File a Camp Lejeune Water Lawsuit

It is very rare that a veteran or their family member is able to file a lawsuit against the government for a service-related injury. Thus, you may not know the process for filing a claim. The steps to follow for filing a Camp Lejeune water lawsuit are similar to the ones that you would take to file any lawsuit against the federal government. Contact an Experienced Attorney The first step is to hire an experienced attorney. In filing a claim, you are dealing with the federal government, which is not easy. Even though Congress has allowed for claims against the government, it does not mean that you will get the compensation you deserve without challenges. File a Claim Directly with the Department of Defense In order to receive possible compensation, you would then need to file a claim with the government itself. Like any case against the federal government, the law requires you to first go to the government with a claim. The government makes the first decision whether to deny your claim or offer you compensation. You will need to gather the proper documentation to submit because the government will make a decision based on what they see in front of them in writing. Negotiate Possible Compensation with the Government The government will review your claim and determine whether to make you a settlement offer. If you have met the legal requirements, they may offer you money for your case. If the government does not believe that your claim has merit, they may deny the claim. If the government makes you a settlement offer, your attorney will evaluate it to help you decide whether it fairly compensates you. Negotiations are often necessary. The government expects to pay out over $6 billion in claims, so it is unlikely that the initial amount proposed will be adequate. An experienced lawyer will help ensure that you get fair compensation. File a Lawsuit in Federal Court According to the Camp Lejeune Justice Act, you must file a claim first with the government. The Department of Defense evaluates these claims and makes determinations. After you have filed a claim, you can take your case to federal court if you are unhappy with the result. The law states that you must file your claim in federal court in the Eastern District of North Carolina. A judge would then hear your case, and the court would make a decision as to whether or not you can receive compensation and the amount. Camp Lejeune Attorney Helping Injured Clients The Comerford Law Office is well-versed regarding the issues at Camp Lejeune and knows how to take on the government when necessary. James Comerford has devoted his career to advocating for veterans, and he is ready to fight for you. To speak with an attorney, you can send us a message online, and our firm will be in touch as soon as possible.

Congress Addresses Water Contamination at Military Bases

For decades, water contamination on the country’s military bases has been left unaddressed. As a result, too many people have become sick because the military does not want to spend the money to decontaminate the groundwater. According to a Military Times article, Congress is particularly concerned about two chemical compounds, perfluoroalkyl and polyfluoroalkyl substances, also called PFAs. These chemicals are found in all sorts of products in Indiana and other states, such as dental floss, food containers, and stain-resistant clothing. They have also been used in firefighting foam in military jets. Unfortunately, these compounds take thousands of years to break down naturally, which has earned them the name “forever chemicals.” PFAs are in the water systems around the country as well as on military bases. Indeed, the Defense Department has identified over 400 military sites where PFAs were used. Many military families are increasingly fearful of the water in and around bases, and they are particularly worried that the Defense Department has not shown any intent to fix the problem. PFAs contamination can lead to many negative health effects, including lower birth weight in babies, some cancers, and liver problems. These compounds are also dangerous at much lower levels than previously thought. Evidence has come to light that the military was aware of the potential dangers of these chemicals going all the way back to 1991, when Fort Carson in Colorado stopped using them as a rule. Clean Up Costs Could Reach the Billions Cleaning up military bases would not come cheap. According to best estimates, it would cost around $2 billion to clean up the two PFAs that are causing the most concern. The Pentagon has not yet requested any money to start the cleanup process. Instead, the military is handing out bottled water to people living on bases with suspected contamination. Why is the Pentagon dragging its feet? Some suspect that the military wants to avoid legal responsibility. Requesting funds for cleanup would be a pretty clear admission that there is a problem, which could open them up to legal liability. Indeed, the Navy has recently denied all civil liability for claims that arise from water contamination at Camp Lejeune. According to NBC News, the Navy has rejected the claims of 4,500 people who requested around $963 billion in compensation. The Camp Lejeune contamination was one of the largest contamination cases in this country’s history, leading to a host of medical issues, including the death of children from cancer. Veterans Affairs estimated that, all told, around 900,000 people were possibly exposed to the contamination. Although the VA provides disability benefits stemming from the exposure, the government is not interested in paying additional compensation. Contact an Indiana Veterans Benefits Attorney If you were disabled while serving in the military, you might have a claim for benefits. Please contact our law firm now. The process for obtaining benefits is often difficult, with potential roadblocks popping up when you least expect them. At the Comerford Law Office, LLC, we have helped many injured veterans get the compensation they need to move forward with their lives. Please contact us today to schedule your free consultation.

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