Military members and their families can now file a Camp Lejeune contamination litigation against the U.S government. As a result of using contaminated water at Camp Lejeune, many individuals suffered severe illnesses while others died.
Estimated data shows that nearly a million people, including Marine Corps, military families, and contractors, were constantly exposed to toxins in Camp Lejeune’s water system.
The water supply was polluted between 1953 and 1987, so uncountable marines and residents drank, bathed, and cooked with contaminated water for 30 years.
Fortunately, as of 2022, Victims of Camp Lejeune’s contaminated water have a chance to seek compensation for their damages.
The skilled team at the Legal Giant provides legal advice and support to those who became ill or lost a loved one due to the negligent actions that led to the Camp Lejeune disaster.
In this article, you will learn everything about the Camp Lejeune water contamination lawsuit, so you know what to do.
What Is the Camp Lejeune Justice Act?
Until August 2022, North Carolina’s laws had specific deadlines for filing such claims. Since so much time has passed, individuals exposed to Camp Lejeune’s toxic substances could not take legal action against the government.
However, Congress recently enacted legislation that overrides these limitations: the Camp Lejeune Justice Act of 2022, which was included in the Honoring Our Pact Act.
This legislation enables former Camp Lejeune inhabitants to make up for earlier wrongs by pursuing reimbursements for the damages they endured due to exposure to toxic water contamination.
This Act lifted the government’s protection from lawsuits brought by former and current military personnel who suffered injuries while on duty. Veterans and anyone harmed by the base’s contaminated water can file a lawsuit.
Where Is Camp Lejeune?
Camp Lejeune is a 250-square-mile Marine Corps base in Onslow County, North Carolina. The federal government first opened the camp in 1942.
Camp Lejeune started as a training facility, and for eight decades, it served as a military operations center for the U.S Marine Corps and other armed forces. Thousands of veteran and active-duty military men, women, and civilians lived there when the camp was operational.
What Actually Happened at Camp Lejeune?
Camp Lejeune did not always have contaminated water. However, in 1980 it was discovered that the water systems at the camp were contaminated with many toxins.
Some of the contaminants were trichloroethylene (TCE), trans-1,2-dichloroethylene (DCE), vinyl chloride, perchloroethylene (PCE), and benzene. There were also speculations that as early as 1957, PCE levels in the water exceeded maximum contaminant levels.
According to the CDC, TCE levels were 280 times higher than the maximum concentration acceptable in drinking water, 1400 parts per billion.
Unfortunately, this contaminated water was used in homes, schools, offices, and the base hospital. The constant exposure to polluted water eventually caused illness and devastating health problems for military personnel, their families, and civilians.
When Did the Camp Lejeune Water Contamination Lawsuit Begin?
Marine Corps veterans and their families filed 800 Camp Lejeune water contamination lawsuits in 2016, per the Federal Tort Claims Act. The Federal Tort Claims Act gives people the right to sue the government for personal injuries or death caused by the negligence of a federal worker.
These Camp Lejeune complaints were merged into a single multidistrict litigation (MDL class action hazardous water lawsuit) in federal court. Although the MDL is still in progress, a trial for the initial Camp Lejeune water contamination lawsuit is yet to be scheduled.
No victim had access to the courts’ legal systems before 2018. Things changed when the Camp Lejeune Justice Act was presented to the House of Representatives in 2021. In 2022, a law known as the Honoring Our Pact Act 2021 was expanded to include the Camp Lejeune Justice Act.
The Honoring Our Pact Act provides families of soldiers affected by Camp Lejeune water contamination with financial assistance and healthcare coverage.
What Illnesses Did Those Exposed to the Camp Lejeune Water Contamination Suffer?
Individuals exposed to the contaminated water at the camp suffer various illnesses and health issues.
Suppose you or your loved one was a resident of the base and suffered or are suffering from any of the listed conditions. In that case, you can file a successful Camp Lejeune water lawsuit by speaking with an experienced lawyer.
- Breast cancer
- Kidney cancer
- Leukemia
- Multiple myeloma
- Congenital disabilities
- Parkinson’s disease
- Lung cancer
- Female infertility and miscarriage
- Neurobehavioral effects
- Liver cancer
- Scleroderma
- Aplastic anemia
- Non-Hodgkin’s lymphoma
Studies show that there could be other conditions related to the contaminated water at Camp Lejeune. That means you may qualify even if your particular condition does not appear on the list above.
Who Can Join a Camp Lejeune Water Contamination Lawsuit?
The Camp Lejeune Justice Act lists those who may bring a lawsuit. The first category of qualified applicants is anybody who spent at least 30 days living at Camp Lejeune or MCAS.
Residence must have taken place between August 1953 and December 1987. Both Marines and their families must meet this requirement.
The other group eligible for compensation is those who worked at the base during this period. Not all residents from Camp Lejeune were active military members; some were civilian contractors. However, a contractor must have worked on the base for at least 30 days to be eligible for reimbursement.
Lastly, anyone who comes in contact with the toxic chemicals from the water can also recover compensation. This group includes those who were exposed to water contamination before they were born.
Of course, individuals from any of these categories must prove to have developed one of the conditions or diseases specified by the CDC. If you meet the criteria, you can file a lawsuit. An attorney can help you file your case and help you navigate the complicated process.
How Do You File a Camp Lejeune Lawsuit?
If you worked at Camp Lejeune and contracted a disease spurred by chemical exposure from polluted water, you should file a lawsuit as soon as possible to be compensated.
Remember, a two-year statute of limitations applies to those filing a Camp Lejeune water contamination lawsuit. If you wish to recover compensation, you must file your claim within two years.
· Speak with an experienced attorney immediately
To discuss your stay at Camp Lejeune, your medical condition, and your possible entitlement to compensation, start by engaging a knowledgeable attorney.
A skilled attorney will save you a great deal of time and effort by informing you what compensation you deserve, preparing your claim on your behalf, and getting you compensation as efficiently as possible.
· Gather your service records
To prove your eligibility for compensation, you must show that you served or lived at Camp Lejeune during the high chemical water contamination.
You will need to provide a copy of your service record or your loved one’s service record to prove that you worked at Camp Lejeune.
The service record will also show that you lived on base during this period, making it easier to determine the potential cause of your diagnosis.
· Obtain copies of medical records related to your diagnosis
There are cases where medical records date back years. This is especially true if you struggle with a toxic exposure-related chronic condition for a prolonged period.
Obtain copies of these medical records from your healthcare providers, including copies of any bills you may have paid out of pocket.
Note that the VA will not compensate you for costs covered by other compensation funds. But it may cover your financial losses, even if you got your diagnosis and treatment before the government acknowledged the toxic exposures in the water at Camp Lejeune.
What Evidence Do You need for a Camp Lejeune Water Contamination Lawsuit?
When you file a Camp Lejeune water contamination lawsuit, your attorney will prepare your case by gathering evidence. A claim requires evidence to prove negligence successfully.
You need such documents as:
- Proof of residence- All residents qualify for reimbursement. Your lawyer will tell you what records you can provide to show that you lived on the base or at MCAS.
- Military service records- Marines at the base must have records showing the dates and locations they served.
- Proof of work- If you or your loved one worked at Camp Lejeune as civilian contractors, you may qualify for compensation. All you need to do is show proof that you had a contractual job at the base during the period in question.
- Medical records- Diagnoses, test results, or doctor’s notes showing that developed a long-term illness are crucial. Healthcare information can also show the link between your condition and the contaminated water at the base.
- Medical expenses- Apart from diagnosis, the costs you have suffered show how negligence on the part of the government directly led to your losses. So, keep a copy of what you paid after hospital visits and treatment.
- Proof of disability- Affected service members qualify for VA compensation. Such disability benefits are evidence because you sustained the condition on the base.
Hire a Camp Lejeune water contamination lawyer early within the lawsuit deadline. Your lawyer will have enough time to gather the evidence and create a strong case.
What Damages Can You Claim?
Victims of Camp Lejeune water contamination can file one or more economical and non-economic damages because this was a case of negligence. Some losses even allow you to seek compensation for future expenses in addition to past ones.
The number of damages you can recover will affect the overall value of your case. Possible damages in a Camp Lejeune water contamination lawsuit include:
Lost revenue
The effects of harmful substances may make it difficult for you to go to work. You might need to take time off to receive intensive medical care. In addition, if you lose out on a promotion or need retraining, you may be entitled to compensation.
Medical expenses
Your possible payout covers any expenses connected to your aggravated condition. The defendant will have to compensate you for hospital visits, physical therapy, and lab results.
Your lawyer will consider the cost of medication and other healthcare needs when negotiating your settlement.
Pain and suffering
A victim deals with physical and emotional trauma in most water contamination cases. You may experience multiple symptoms, such as fear or insomnia, which will be accounted for in the claim.
Loss of companionship
Most illnesses involving water contamination are life-threatening. Despite undergoing treatment, a person could die. A spouse can seek compensation as a result.
The Camp Lejeune Justice Act does not entitle victims to punitive damages. Speak to your lawyer to know what damages you can recover.
Will Your Camp Lejeune Water Contamination Lawsuit Go to Trial?
Like other negligence cases, water contamination cases may be resolved without a trial. Your lawyer aggressively negotiates a fair settlement deal with the defendant.
A trial lengthens the time it takes to get compensated. Your attorney negotiates a settlement because they want you to get paid promptly.
The majority of civil lawsuits are settled out of court. An out-of-court agreement usually takes the best interests of both parties. So, your case will likely settle during mediation, especially if you have a legal representative.
If your case goes to trial, ensure you have an experienced lawyer by your side. A jury will decide your case and possible settlement amount. Your lawyer can present a solid case to get the court to rule in your favor.
How Much Will My Camp Lejeune Water Contamination Settlement Be?
So far, it is difficult to accurately determine the potential settlement value of claims because so many unknowns exist. But an experienced lawyer can calculate the amount of compensation you may seek by weighing the following:
- Your particular toxic exposure-related medical condition.
- The duration and nature of your exposure to contaminated Camp Lejeune water.
- The financial losses suffered because of your illness.
- Whether you have previously filed a disability claim related to your Camp Lejeune service denied by the VA.
On estimation, the value of such a water contamination settlement could exceed $500,000 per claim, if not more. Camp Lejeune settlement payouts may remain fluid over the next couple of years.
Get Assistance with Filing a Camp Lejeune Lawsuit Today
If you or your loved one is a Camp Lejeune Water contamination victim, you can rightfully file a lawsuit to recover compensation for your damages.
If your illness or health issues result from the water contamination and you think you meet the eligibility requirements, consider speaking to an experienced lawyer.
At Legal Giant, we can help you determine your eligibility and build a strong case. Contact our legal team today to schedule a free, no-obligation consultation.