A Dependent’s Guide to Restitution
Between 1953 and 1987 Individuals at Camp Lejeune were exposed to toxic chemicals in their drinking water within both the residential and training areas of the base.
The Honoring Our PACT ACT of 2022 includes elements of the former Camp Lejeune Justice Act, which has now been signed into law.
This bill not only provides help for anyone who was on the base & affected by toxic water, but an important piece to note is that this is not a VA benefit. This is a completely separate action that can be taken. Even if you are not eligible for certain VA benefits, you still could be eligible for help.
The CBO estimate for Camp Lejeune settlement payouts through 2031 is $6.7 Billion. The CBO also estimates that payments could increase direct spending by about $15 billion after 2031.
An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.Section 804 – Federal Cause of Action Relating to Water at Camp Lejeune, North Carolina
Who This Can Help
This legislation could have a wide impact given the bill that allows any individual who was on the base for at least 30 days to take action for compensation.
Do You Believe You or Your Family Have Been Affected By Camp Lejeune’s Toxic Water?
Discuss your claim with our team today.
Why Is Hill & Ponton Different than Other Firms?
Unlike so many other law firms & companies looking to help with Camp Lejeune lawsuit claims, Hill & Ponton has decades of experience helping military veterans and their family with Veterans disability law cases. We know Veterans & understand the medical evidence needed to fight for VA appeals.
The difference in the litigation for Camp Lejeune toxic exposure survivors & family members is that the claim filed in this suit will not be a VA disability claim; It is trial law.
For that reason, after an extensive vetting process we carefully selected to co-counsel with the Bell Legal Group.
Ed Bell pioneered the path forward for the passage of this bill more than 15 years ago. Given his, and his teams’ expertise and knowledge of this law since they were instrumental in its passage, we know they are the best match to help us in this fight.
By serving as co-counsel for your case with The Bell Legal Group, our experience with collecting the evidence to support your claim with their experience with trial law provides an all-star team that you can trust in fighting for your family’s best interest.
What to Look for In a Camp Lejeune Lawyer
Before committing to a law firm to handle your case, make sure they…
We with our experience helping Veterans, The Bell Legal Group’s accreditation in North Carolina, and our joint knowledge of the law we hope you will consider our firm to support you in your fight for restitution.
Affected Areas of Camp Lejeune Base Include
Compensation for Camp Lejeune Water Lawsuit
This bill provides a path to remedy/awards that is very different from a traditional VA benefits path. The Honoring Our PACT Act of 2022 allows for those affected to obtain direct relief for harm that was caused by the contaminated water.
The main difference between this bill and others relating to toxic exposure is that anyone, not just veterans, who were present on the base can file a claim. This is not run through the Veterans Benefits Administration, but instead will be an entirely separate suit.
Damages for Camp Lejeune Lawsuits
Lawsuits related to Camp Lejeune are different from VA benefits in the sense that awards are open to everyone affected, not just veterans.
As mentioned above, the Honoring Our PACT Act states the individual must have been on the base between August 1, 1953 and December 31, 1987 and spent at least 30 days in the contaminated areas.
Awards for damages could be considered for:
What Could Change Your Camp Lejeune Lawsuit Award?
The legislation provides multiple offsets for awards granted from the lawsuit. This means there are some current benefits you or a family member could be receiving due to a health issue from Camp Lejeune which would decrease the amount of an award from this lawsuit.
If you are a veteran currently receiving VA benefits for service connected injuries sustained at Camp Lejeune, there will be an offset to the award based on your disability award, payment, or benefit.
There are also offsets for Medicare, Medicaid, and SSDI benefits presented in this bill.
Understand the Burden of Proof
The bill states that the burden of proof is on the party filing the action to produce evidence that the contaminated water likely caused injury.
While you may not have a direct cancer diagnosis today, there may be a potential for an illness to develop depending how much time was spent at the base. Drinking any water from the base could have serious health effects, and the Honoring Our PACT Act of 2022 gives a path to claim relief for damages.
If family members were affected by various forms of cancer or illness, it’s a possibility to develop in you as well. Fighting for ongoing health monitoring could be the greatest guard for your health.
Statute of Limitations
The Honoring Our PACT Act has two clear statute of limitations for those considering filing an action.
This means filing an action and working with a lawyer as soon as the bill is signed is extremely important. After the statute of limitations has expired, it will not be possible to claim damages.
Hill & Ponton, P.A. – Serving Veterans Nationwide from Offices in Orlando, FL