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.
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.
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.
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.
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.
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.
Benefits received for Schizophrenia
Benefits received for depression
Military sexual trauma
TDIU due to a spinal impairment
PTSD as a result of racial abuse
Clear and unmistakable error for spinal impairment
Earlier effective date for back/migraines
Service connection for a spinal condition secondary to flat feet
Retroactive pay regarding the failure to account for all the veteran’s medical conditions
Military sexual trauma case
Retroactive pay regarding a PTSD misdiagnosis
PTSD resulting in Unemployability
Traumatic brain injury case
Post-traumatic stress disorder (PTSD)
Non-presumptive cardiac impairment linked to Agent Orange
Agent Orange exposure case that led to Parkison’s disease