The Administrative Claims Process for Camp Lejeune Water Contamination
People who were exposed to contaminated water at Camp Lejeune must file the Camp Lejeune Justice Act (CLJA) claim form within two years from the date the Camp Lejeune Justice Act and PACT Act were signed into law (August 10th, 2022).
Who Handles the Claims Process?
Camp Lejeune claims are handled by the Office of the Judge Advocate General (JAG) of the Navy’s Tort Claims Unit (TCU). Camp Lejeune claims can be sent to the TCU, or preferably online by emailing the JAG a .csv file of relevant information.
Who Files the CLJA Claim Form?
The claim form can be filed without the help of Camp Lejeune lawyers (Pro Se), but it is highly recommended to hire a law firm to file the claim on a victim’s behalf so that the process is done correctly and the highest compensation amount possible is awarded.
What is the Timeline of the Claims Process?
After filing the CLJA claim form, the qualified individual (if filing Pro Se) or the authorized agent of the victim (a law firm or attorney) will receive an email of the receipt of the claim or an email outlining why a claim was denied.
The Navy TCU has six months from the filing date to accept or deny a claim. If the TCU denies the claim, Camp Lejeune lawyers will file suit on behalf of the victim in the U.S. District Court: Eastern District of North Carolina.
What on the Camp Lejeune Justice Act (CLJA) Claim Form?
The Camp Lejeune Justice Act (CLJA) Claim Form was written to give victims the best chance possible at rightfully owed compensation.
Typically, personal injury lawsuits require a victim to prove their claim by a preponderance of evidence or proof that evidence validates their claims. With the CLJA Claim Form, the Navy adopts an “equipoise” standard, meaning that the victim has to prove that contamination at Camp Lejeune is as likely as any other reason for their diagnosis.
The CLJA Claim Form asks for basic information on dates of military service, when the victim lived or worked at Camp Lejeune, basic injury information and more. The claim form also requires the signature of an authorized agent who can validate the information on the form if the victim is filing the claim with the help of an attorney.
The claim form also requires the victim to provide a specific monetary amount demanded for compensation.
Why is a Lawyer Recommended for the Filing of Claim Forms?
Claimants do not need an attorney or law firm to submit the CLJA Claim Form, but it is highly recommended they seek legal representation to do so.
The compensation demand on the claim form will be used by the Navy TCU as a “cap” on future compensation and will not provide financial assistance above the demanded number. The Navy TCU is also not able to answer ANY legal questions on the claims process.
Hiring a law firm to handle the claim form and potential subsequent lawsuit will help victims secure the adequate compensation they deserve, as well as take much of the stress and waiting off their plate.
Attorneys involved in the Camp Lejeune Lawsuit will also better understand why claims may be denied and how to proceed with a lawsuit given the information used to file the original claim.
behalf of the victim in the U.S. District Court: Eastern District of North Carolina.
What Happens if My Camp Lejeune Claims are Denied?
If a claim is denied in the initial administrative process, the victim has the right to file a claim in the United States District Court for the Eastern District of North Carolina in accordance with the Camp Lejeune Justice Act.
Detailed information on how the legal process surrounding denied claims and potential lawsuits will be handled is not yet available, but it’s likely that each particular diagnosis will be further investigated to determine strength of causation evidence.
Our Camp Lejeune lawyers will hire medical experts to help with this process.
Substantiation and the Camp Lejeune Lawsuit Timeline
If claims are denied and a lawsuit is imminent, the claim will need to be substantiated.
Substantiation for Camp Lejeune water contamination claims will be difficult for victims and their family members to complete on their own. The process, outlined in the Camp Lejeune Claims Packet, requires further specific information provided by the victim on causation and other military service records that can give credence to their claim.
It’s again recommended that victims seek legal representation for this process.
How a Lawyer Can Help with Substantiating Camp Lejeune Water Contamination Claims
Though the process of substantiation can be completed by a victim without the help of a lawyer, a lawyer will know acutely the process of collecting information relevant to the claim and will be able to simplify the process on behalf of victims who have already endured enough.
As mentioned previously, the Navy JAG and TCU cannot answer legal questions and will not pay out more compensation than is demanded on the original claim form. An experienced lawyer will be able to answer any questions that victims have about the process and will know the specific dollar amounts to be demanded for specific injuries, taking into account the physical and mental suffering, lost wages and other damages incurred.
TorHoerman Law can file a Camp Lejeune Justice Act (CLJA) Claim Form on behalf of victims and also help them find and retain necessary information for substantiation and litigation.
What Documentation is Needed for Substantiation and Litigation?
It’s not fully known what all required documentation or information will be needed for substantiation and litigation. Every case is different, and each specific injury claim may require more information than others.
However, the aforementioned Claims Packet contains information on substantiating documents and a questionnaire that pieces together some of the relevant pieces needed for victims filing claims:
The substantiating information form requests documentation and information on the following:
- Military employment records (DD214)
- Location of the claimant’s home at Camp Lejeune and period of time they/their family lived there.
- Location(s) of the claimant’s work at Camp Lejeune, nature of their duties, identity of their employers, and specific period(s) of time they worked there.
- A copy of the claimant’s outpatient records, the cumulative record of all care provided by military treatment facilities (MTF). These records should be maintained by the MTF at which the claimant last received medical care. If it has been three or more years since care was received at the MTF, the records will be archived. Records can be requested from the following source:
- National Personnel Records Center
9700 Page Boulevard
St. Louis, MO 93132
- A copy of all inpatient medical records. If a claimant was admitted to a military hospital, they will need to provide the name of the facility, location, and date when medical care was received.
- A copy of all civilian medical records relating to medical care the claimant received, both inpatient and outpatient.
- Itemized bills for all medical and hospital expenses incurred or itemized receipts of payment for such expenses.
- Any medical opinions stating a connection between each of the claimant’s medical problems and exposure to specific chemicals. The opinion should also set forth the nature and extent of the claimant’s injury, cause of injury, nature and extent of treatment, any degree of temporary or permanent disability, prognosis, period of hospitalization, and any diminished earning capacity.
- A statement of expected expenses for any necessary future treatment.
- Any other evidence that may have a bearing on either the responsibility of the United States for the claimant’s illness or damages claimed.
The questionnaire within the claims packet outlines 35 questions pertaining to the claimant’s overall history of exposure, how their diagnoses or injuries are related to toxic exposure at Camp Lejeune, and a reiteration of the information provided in the initial CLJA claim form.
The Litigation Process for Camp Lejeune Lawsuits
If a victim’s claim for compensation is denied by the Navy TCU, a claimant will likely file a Camp Lejeune water contamination lawsuit in the U.S. District Court: Eastern District of North Carolina.
This action is made possible by the Camp Lejeune Justice Act, which was signed into law by President Biden on August 10, 2022. The Camp Lejeune Justice Act overrides previous North Carolina law that prohibited actions of such kind for Camp Lejeune water contamination injuries.
The legal process for Camp Lejeune water contamination lawsuits is not fully known yet. Our attorneys expect the lawsuits to be handled similar to a multidistrict litigation (MDL). MDLs are consolidations of lawsuits that contain similar injuries and causation, filed in a singular district court for ease of decision making and discovery, as well as ensuring consistent outcomes relative to settlement amounts and verdicts.
Do I Qualify to File a Camp Lejeune Water Contamination Lawsuit or Claim?
If you, family members or loved ones lived at Camp Lejeune between the years of 1953 and 1987, and subsequently were diagnosed with related injuries or health conditions, you may qualify for a Camp Lejeune Water Contamination Lawsuit.
What Health Conditions are Related to Camp Lejeune Water Contamination?
Those who were exposed to contaminated water at Camp Lejeune suffer from higher rates of tragic health conditions including, but not limited to, the following:
Other associated conditions include:
TorHoerman Law: Accepting Camp Lejeune Water Contamination Clients in All 50 States
TorHoerman Law is currently investigating the facts of the case and strategizing legal action against the defendants.
With over $4 billion won in monetary compensation for people injured at no fault of their own – our prior results speak to our expertise at TorHoerman Law.
Contact us for a free, no-obligation consultation to discuss your legal options.
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