Archives for March 2023

Should I File a Camp Lejeune Claim?

You may be wondering if you should file a Camp Lejeune claim. Perhaps you have suffered from an illness that may be traced back to your exposure to the contaminated water at Camp Lejeune. If you were stationed at the Camp Lejeune military facility in North Carolina between 1953-1987 and became ill after a minimum of 30 days of exposure, you may have a claim. Additionally you may want file a claim if you lived at or worked for Camp Lejeune, because this act allows family members and civilian workers to also bring a claims for compensation.

Like other types of personal injury claim, you’ll need to provide proof that you have suffered losses related to this accidental exposure. For best guidance on filing a claim under the Camp Lejeune Justice Act, contact a qualified and experienced disability Lawyer, like Houston’s own William Herren.

camp lejeune claims by a military veteran

For Former Military

Marines and other service members stationed at Camp Lejeune can get medical care and disability through the Veterans Administration for related illnesses. They can qualify even if they don’t live in North Carolina anymore, no matter when they were diagnosed. Veterans must produce medical records that they developed a health condition (including cancers) after their time at the base, and that the health condition is linked to chemical exposure. Only veterans who were dishonorably discharged are ineligible.

Unfortunately, the VA mishandled about 1 in 3 of veterans’ claims for Camp Lejeune, with many underpaid because of an incorrect effective date. More than 17,000 veterans saw their claims denied because VA staff failed to send a letter asking for additional documentation. These mistakes resulted from staff not understanding how to process the claims.

Because the VA is notorious for denying veterans’ claims, The Camp Lejeune Justice Act of 2022 paves the way for veterans to get the care they need for their conditions as well as compensation. Your settlement  will be offset by other benefits and payments, such as VA Disability, Medicare, Medicaid, or Social Security Disability Insurance (SSDI.) But you can file even if you’ve received healthcare from the VA for these illnesses.

Survivors of a Marine or other military member may also be able to file a claim or a wrongful death lawsuit on behalf of their loved one. The same requirements apply, including proving 30 days or longer on base and proof of medical conditions related to the contamination.

For Civilians

Military veterans are not the only ones who may have been made ill from the contaminated water. Military spouses, children, and civilian workers were also exposed to the toxic water by using and drinking it regularly. But civilians aren’t eligible to receive assistance from the VA, until now.

Claims are filed with the Office of the Judge Advocate General (JAG) of the Navy’s Tort Claims Unit (TCU), with two years to file. If your claim is denied, and no settlement is reached, the next step is to file a lawsuit U.S. District Court for the Eastern District of North Carolina.

Just like veterans, a civilian filing a claim must show residency for 30 days during the affected period and a medical diagnosis connected to the toxic water. The list of health conditions attributed to water contamination is long. Birth defects, stillbirths, miscarriages, and neurobehavioral effects are included. Hundreds of babies are believed to have died in utero or at birth because of the contaminated water their mothers were exposed to while at the base.

A Camp Lejeune lawsuit is a personal injury lawsuit against the government to recover losses for pain and suffering, medical costs, and lost wages due to negligence. Survivors can also file a wrongful death lawsuit on behalf of the deceased by their estate. Just like military members, any financial settlement will be offset by any benefit payments already received.

Must File Within Two Years of Passage of Act in 2022

We’re not going to tell you that you should file a claim or not. But we do suggest you at least have a consultation with a disability attorney specializing in Camp LeJeune cases and consider the possibility while the opportunity is available to recover compensation for medical bills and other losses related to your illness. The window of time for filing a claim is short, closing in August of 2024, so you need to start the process immediately.

If you’re still undecided, don’t wait. Speak with a Camp Lejeune water contamination attorney immediately and learn about the options you have and if you have a case. Use the free consultation with your attorney to decide whether it’s something you should pursue. Once you understand what’s involved, you’ll be able to decide if you should file a claim.

Camp Lejeune Claim? Contact The Herren Law Firm Today

If you served at or worked at Camp Lejeune and are now suffering a chronic illness, you may have a claim under this act. For more than 30 years, the Herren Law firm has helped veterans and other disabled people with their benefits claims and appeals. We have extensive experience dealing with governmental agencies and the claims that are filed with them. With the passage of the Camp Lejeune Justice Act in August 2022, Mr. Herren has added focus in his practice on this section of the population, especially since the window to file a claim is only 2 years from August 2022.

If you or someone you know became ill after being stationed at Camp Lejeune, get in touch with us immediately. Given the deadline to file a claim, do not wait to find out if you may have a claim. Please make a call or schedule a consultation with Herren Law!

We’ve helped over 4,000 people, and we can help you as well. Contact us today by calling (713) 682-8194 or using our online contact form our consultation is free, and you won’t owe us a fee until we win your case.

What is the Camp Lejeune Justice Act?

The Camp Lejeune Justice Act is a piece of legislation signed in 2022 allows both veterans and their families to recover compensation for illnesses caused by toxic contaminated water at Marine Corps Base (MCB) Camp Lejeune near Jacksonville, North Carolina. Between 1953 and 1987, over one million military members, their families, and civilian workers were exposed to high levels of toxins in the base’s water supply, leading to serious illnesses. The Marine Corps discovered the contamination in 1982.

Until recently, veterans and civilians had little recourse for these illnesses. But last year, The Camp Lejeune Justice Act of 2022 changed that. Sponsored by Representative Matt Cartwright (D-PA-8), the bill allows individuals to bring suit and prohibits the U.S. government from asserting specified immunity from litigation in response to such a lawsuit.

camp le jeune lawyer

The PACT Act

The VFW-championed Honoring Our PACT Act of 2022 was signed into law in August. Section 804 of the PACT Act, known as the Camp Lejeune Justice Act, authorizes veterans and military families who were exposed to toxic water at Camp Lejeune to file a federal tort claim for harm caused by such exposure. Veterans applying for VA benefits frequently saw their claims denied for toxic exposure cases. The PACT Act  is the law that expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances

The full name is The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The intent is to increase the availability of healthcare to veterans that suffered illnesses and injuries from burn pits used for waste disposal in recent years. The PACT ended a requirement that veterans prove that their illnesses were caused by the burn pits in order to receive healthcare and other benefits. The VA denied 78% of claims submitted by veterans from 2007 through 2020 that were exposed to burn pits. Veterans who were previously denied disability for burn pit claims can receive retroactive back pay.

Specifically Section 804 of the PACT Act-the Camp Lejeune Justice Act of 2022’s intent is to specifically allow injured parties to file a claim for compensation. Prior to the Camp Lejeune Justice Act, only veterans could get VA disability for illnesses suffered from contaminated water. Civilians were prohibited from filing a claim, or receiving any restitution, and could not receive any assistance from the VA. They were further prohibited by North Carolina’s ten-year statute of repose, which disallowed any suits after ten years. This made it difficult for victims whose illnesses weren’t linked to the water contamination until much later.

What The Camp Lejeune Act Means For Everyone

For anyone—military or civilian—who spent 30 days or more at Camp Lejeune and became ill later with a presumptive condition can now file a claim for compensation, which can include:

• Financial compensation for prior medical care related to the illness

• Continuing healthcare for those illnesses from the government

• Health and disability benefits for those rendered unable to work by illness from the contamination

Survivors may also file a wrongful death claim on behalf of a deceased loved one.

While there is a list of presumptive illnesses, even those whose illnesses aren’t considered presumptive may still have a claim.

“Presumptive” only means that there is a definite link to the contamination exposure. The U.S. government will be prohibited from asserting specified immunity, meaning that someone who can demonstrate exposure and illness can file a claim for themselves.

There is a two-year time frame for filing claims and lawsuits, which must be filed by August 10, 2024. Claims take time to build, so it’s imperative to start immediately. If you’re considering filing a claim, contact a Camp Lejeune water contamination attorney today to begin the process.

Camp Lejeune Claim? Contact The Herren Law Firm Today

If you served at (military personnel) or worked (non military worker) at Camp Lejeune and are now suffering a chronic illness, you may have a claim under this act. If you are a family member of military personnel who was also exposed at Camp Lejeune, you may have a claim under this Act. For more than 30 years, the Herren Law firm has helped veterans and other disabled people with their benefits claims and appeals. Bill Herren has indicated that he can bring suit if warranted for illnesses not on the presumptive illness list. While there is a list of presumptive illnesses, even illnesses that aren’t considered presumptive may still have a claim.

If you or someone you know became ill after being stationed at Camp Lejeune, get in touch with us immediately. There is a deadline of two years to file a claim so do not wait to find out if you may have a claim. We have extensive experience dealing with governmental agencies and the claims that are filed with them.

We’ve helped over 4,000 people, and we can help you as well with your Camp Lejeune lawsuit. Contact us today by calling (713) 682-8194 or using our online contact form our consultation is free, and let us talk about your case.

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