Once you’ve decided to pursue a Camp Lejeune claim, the process moves forward toward an eventual settlement or court date. To get there, your attorney takes steps to begin building your case, demonstrating that your illnesses resulted from tenure at the base.
Evidence, Documentation, and Causation
Of course, proving residency and qualifying your claim is the first part of building your case. Veterans can submit their service records, including their DD214. Civilians (workers or dependent family members) will also need to show records of residency in military housing from August 1, 1953, and December 12, 1987.
Medical records are next. This shows a specific diagnosis that can be traced directly back to the water contamination, or one that later resulted from the toxic exposure. Known as causation, your attorney must establish a link between your current medical conditions and your time spent at Camp Lejeune that exposed you to the toxic water contamination.
Part of this process may involve assistance from expert witnesses, including medical experts. These experts can offer further insight about your medical condition, and how the toxic exposure led to your eventual medical condition.
Determine and Calculate Damages
The cost of a long-term medical condition can be staggering, so an accurate determination of damages is vital before filing your claim.
Once prepared, your attorney submits your claim to the Office of the Judge Advocate General (JAG) of the Navy Tort Claims Unit (TCU). Here’s where the determination becomes important: the TCU will not pay any more compensation than is on the initial claim form. That means if the initial amount is incorrect, you won’t have the opportunity to amend your claim to increase the compensation. That’s why it’s so important to know exactly what your losses are before you submit a claim.
Medical records and expenses, travel records and expenses, and other types of records show not only living at the base but also what your illness has cost you since you were there. Your attorney knows what types of records are needed to make a dollar amount determination. In some cases, they may be able to help you get them if you no longer have them available.
Your compensation may include current and future medical expenses, lost wages, pain and suffering, and other damages you may have suffered.
Do I need a Camp Lejeune attorney?
While you are not required to have legal representation, it is strongly recommended. As you can see, the process is complex. If your claim is denied, you will have to file an appeal, which is even more complicated.
The claims process is more than just an application form. An attorney will ensure that you understand everything that’s involved and that your claim is filed correctly. If your case must go to trial, the attorney will represent you in court and protect your rights as a claimant.
Herren Law Can Help if You Have a Camp Lejeune Claim
If you have questions, we are happy to answer them in a free consultation. Note that you must file your Camp Lejeune claim by August 9, 2024, or you will lose your right to receive compensation.
Let us review your situation and see if you meet the eligibility criteria under the Camp Lejeune Justice Act. The Herren Law Firm stands ready to help. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.
